Lab. Rev. Idaho Code Ann. Stat. Gen. Laws ch. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. Its also good for the company: understanding whether or not workers are getting paid what they feel they are worth is one of the key drivers of job satisfaction and retention. N.Y. Rev. Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Code 22-2-2-11(a)(3)(b). N.M. Stat. 21, 495(a)(7). Rev. Rev. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. Ark. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 5/2-101(B)(2). Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. 149, 105A. Del. Stat. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. 28 R.I. Gen. Laws 28-6-18(a). Code Ann., Lab. An official website of the United States government. Tenn. Code Ann. 28-23-4(A)(1). 19 711(i)(1)-(3). Ann. Mo. The Act also applies to any organizational unit of the state. Wyo. D.C. Code 32-1451(1)-(2). Check out our interactive section on the laws that are protected for Employee Rights. Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employees own wages, or about any other employees wages. 23:663(2). tit. Stat. Ann. The Act also applies to the state or any of its political subdivisions, including public bodies. 2019-10(1)(a)-(b). Colo. Rev. An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. 495(a)(8)(D). Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. Code Ann. Ann. N.D. The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee. The court may also allow the prevailing party a reasonable attorneys fee. Or. Code Ann. The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. Stat. Stat. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. Coverage: Applies to all employees and employers, but does not include the District or the federal government. tit. See federal law summary. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 5 4577. Because the 962(c)(1). Is It Illegal For Your Employees To Discuss Wages? Why? N.M. Stat. Kan. Stat. Law 197. Rhode Island Fair Employment Practices Act Protection: It is unlawful for any employer, because of an employees sex (including pregnancy), gender identity, or gender expression, to discriminate against him or her with respect to hire, compensation. Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. N.M. Stat. Ky. Rev. Idaho Code Ann. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Have more questions about the NLRA, PERA or your rights about discussing wages? Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. They just can enforce it. A civil penalty claim may be filed in any court of competent jurisdiction. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. Stat. Yes. La. 387-1. However, policies that specifically prohibit the discussion of wages are unlawful. Code Ann., State Govt 20-505(a)(1)(i). 4112.99. Cal. Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. 820 Ill. Comp. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. 448.07(3). 20-1009(a)(2)(i)-(ii). Tex. Ann. 5/8A-104(A)-(C), (G), (J). Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. Kan. Stat. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. 659.001. Although the Act protects union and non-union workers alike, there are limitations. 652.230(1)-(2). 820 Ill. Comp. Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. N.D. No, employees are legally protected. Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Stat. 60-1.5(b)(1), (c). Colo. Rev. Minn. Stat. 613.310-613.435. Mass. Ga. Code Ann. 10:5-5(e)-(f). 5, 4553(3). N.M. Stat. tit. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. Mass. 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