The City of Philadelphia announced Aug. 6 that . Ann. 244.230(4). 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? Ann. Neb. N.Y. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. See Holt v. Deer-Mt. Lab. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. 4111.14(B). Fla. Stat. 16-123-102(6). 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. N.J. Stat. N.J. Stat. Ky. Rev. 820 Ill. Comp. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. 34:11-56.8. 652.210(1)-(2). The law does not provide for specific remedies or penalties for unlawful employment practices. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. Rev. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Wash. Rev. 3-304.1(a)(1). Stat. Executive Directive No. Wash. Rev. Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Additionally, a court may order other affirmative action as appropriate. Stat. Tenn. Code Ann. Stat. Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Or. Conn. Gen. Stat. Del. Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. Stat. Laws 37.2202(1)(a). 26, 626-A. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. West Virginia Equal Pay for Equal Work 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 that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. Lab. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. Code 1171. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. 149, 105A. Mo. The NLRA allows workers to discuss topics, such as wages, that affect them at work. Gen. Laws ch. Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. Ark. Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. 40.1-28.6. 67-5909(1). Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. Ark. Stat. Iowa Code 70A.18. 31-40z(b)(1)-(4), (6)-(7). Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. Haw. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 24-34-401(2). 613.310(2)(a)-(c). Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Remedies: Any employer in violation shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional amount of unpaid wages as liquidated damages. Yes. Mass. Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. It might not be illegal but discussing salary is probably not work-related so if you and a colleague dwell on salary for 10 hours a week then then you could get in trouble for not performing your expected tasks. 112/10(b). Code 232(a)-(c). Rev. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 775 Ill. Comp. What would it look like if the same was happening in your company? 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). 44-1701(1)-(2). Colo. Rev. And you may be tempted to just compare numbers. Stat. 34-5-3(a). The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. S.D. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Ann. Minn. Stat. D.C. Code. Stat. 34A-5-107(9)(a), (b)(i)-(iv). Kan. Stat. 387-1. Code Ann. Code Ann. Stat. Code Ann. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. Minn. Stat. 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). 10:5-14.1a(a)-(c). div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Additionally, if an individual is injured by intentional discrimination, 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. Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. Stat. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Code Ann., Lab. Stat. 4112.01(A)(2)-(3). The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Vt. Stat. 3-304(b)(1)(i). 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. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. 1-13-90(d)(9). Govt Code 12926(d). Rev. 12571. Additionally, the employer may also be liable to the employee for punitive damages. Judea Sch. Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? 16-123-107(c)(2)(A). Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. tit. 11-4-607(1)(B). 203(s)(1). Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. Wis. Stat. Cal. Equal Pay for Equal Work Act Protection: No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof. 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