West Virginia Equal Pay for Equal Work for State Employees Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. Code Ann., Lab. N.M. Stat. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 24-34-405(3)(a). Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). Rev. Federal government websites often end in .gov or .mil. Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. See federal law summary. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Code 34-06.1-05(1). Ann. S.C. Code Ann. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. Rev. Or. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. 28-23-2(D)-(E). Conn. Gen. Stat. 10:5-5(e)-(f). Wash. Rev. 125/2. Lab. Ann. 659.001. A civil penalty claim may be filed in any court of competent jurisdiction. Tex. Md. La. Or. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Code 1197.5(a). 652.210(1). Law 194(4)(a)-(b). Because the Code 232(a)-(c). Mass. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). Its long been considered taboo to discuss how much youre making with your co-workers. 448.07(3). 820 Ill. Comp. 26, 623. Code Ann 11-4-611(a), (b)(1)(3). 149, 105A. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. Code Ann. The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. Lab. Coverage: Applies to all employees except individuals in the domestic service of any person. tit. Stat. 613.310-613.435. W. Va. Code Ann. Neb. tit. Ann. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Haw. N.M. Stat. N.Y. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. .manual-search ul.usa-list li {max-width:100%;} Ann. Ann. Stat. Colo. Rev. Is It Illegal For Your Employees To Discuss Wages? Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. 387-1. 275:37(I). Neb. Employee means an individual employed by an employer. Cal. 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. 67-19-3(3), (5), (10). 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. Employers legally may not discipline or terminate employees for discussing their pay at work. Wyo. La. Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Ann. 31-40z(b)(1)-(4), (6)-(7). Code Ann., Lab. 21, 495(a)(7)(B)(i)(I)-(II). The court may also allow the prevailing party a reasonable attorneys fee. Stat. Rev. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Remedies: No specific provision of remedies for violation. Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. 41 C.F.R. Stat. In Colorados 2008 Wage Transparency Act (S.B. 4111.17(A). Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? 181.172(e). Ann. Stat. Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. Rev. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Rev. Code Ann. Tenn. Code Ann. Tex. Del. S.D. Govt Code 12965(c). 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. 48-1103(1)-(2). Code 49.60.040(10)-(11). The law does not provide for specific remedies or penalties for unlawful employment practices. rimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. N.J. Stat. Code Ann. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. Lab. 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. 5, 4553(4). 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. with GovDocs Employment Law News. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Code Ann. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. 151B, 1(5)-(6). Stat. Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. Do you want that for others as well? La. Coverage: Applies to all employers but does not apply to governmental agencies. Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. 19 1113(a), (c). See, e.g., Rotriga v. AZZ, Inc., No. Conn. Gen. Stat. Code Ann. 387-12(d)(1). Code 22-2-2-11(a)(3)(b). 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. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. 11-4-601(b). Ann. Lab. 5 4577. Kan. Stat. 110/1. N.D. While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. Me. Stat. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Ark. Rev. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. When expanded it provides a list of search options that will switch the search inputs to match the current selection. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Cal. 4111.17(D). North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Utah Code. Stat. Here are some examples from the past three decades of NLRB decisions. Stat. 21.2585(a)(1)-(2), (b)-(c). 19 710(7). Rev. Nev. Rev. Mass. Stat. Cal. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. Stat. Stat. Code 1171. Texas Equal Work, Equal Pay Law Protection: A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex. W. Va. Code, 21-5E-1(1)-(2). Remedies: An employee may bring a civil action against an employer for violation of this provision for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys fees. See examples of NLRB decisions below. 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. Code Ann. Fla. Stat. An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. Rev. Ark. Cal. N.M. Stat. W. Va. Code. No. Coverage: Applies to all persons acting in the interest of an employer. Check out our interactive section on the laws that are protected for Employee Rights. 60-1.4(a)(3). Mass. Maine Equal Pay Law Protection: An employer may not discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. 11-4-607(2). 659A.001(3)-(4)(a). .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Idaho Code Ann. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. N.H. Rev. 203(s)(1). Coverage: Applies to all employer and all employees. 111.32(5)-(6)(a)-(b). 344.030(2)(a)-(b). Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. 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