Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. Code 22-2-2-4(d). The National Labor Relations Act protects employees' rights to discuss conditions of employment, such as safety and pay even if you're a non-union employer. Stat. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. Kan. Stat. Del. Ann. Unit Sch. 26, 628. /*-->*/. 820 Ill. Comp. 760.11(5). N.H. Rev. 16-123-107(c)(2)(A). Me. 11-4-601(b). Code Ann., Lab. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Ann. 28 R.I. Gen. Laws 28-6-21. Colo. Rev. Stat. Ann. Del. Ann. 44-1202(e). Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. N.J. Stat. Code Ann. 21-5B-1(2). If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. & Empl. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Coverage: Applies to all persons acting in the interest of an employer. Utah Code Ann. tit. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. 25 1350(G)-(H). Ann. Coverage: Applies to employers that regularly employer 15 or more employees. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. - fetcheatable. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. A violation of 181.67 is a misdemeanor. The simple answer is "No". 363A.29(3). Laws 750.556. Code Ann., Lab. N.H. Rev. .manual-search ul.usa-list li {max-width:100%;} N.H. Rev. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. Ann. Laws 37.2202(1)(a). Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. 2. 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. Me. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Del. 23:663(2). Code 34-06.1-02(2)-(3). 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. 43 Pa. Cons. 31-71g. Ann. Ann. Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorneys fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. 43 Pa. Cons. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. The NLRA allows workers to discuss topics, such as wages, that affect them at work. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Code Ann., State Govt 20-604. Ann. Code 22-2-2-11(a)(3)(b). 2000e(b). 8-5-101(5). And you may be tempted to just compare numbers. 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. Fla. Stat. 48-1103(1)-(2). & Empl. 3-307(e). Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who . Ann. Ann. The company is headquartered in St. Paul, Minn. N.H. Rev. Code Ann. Code 49.60.180(3). Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. Per the NLRB, pay secrecy policies may violate the law. Fla. Stat. Code 14-02.4-03(1). Stat. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. Rev. Or. 125/15(2). Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. Remedies: No remedies specific to violations of this provision. Stat. S.C. Code Ann. The National Labor Relations Board has made it clear that this includes the right to discuss wages. 344.230(2)-(3)(a), (e)-(f), (h). Ind. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Executive Order No. La. Ky. Rev. Code 14-02.4-20. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Code 22-9-1-3(h)(1)-(3). The Act also applies to any employer who has 1 or more employees. Wyo. 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. Utah Code. 820 Ill. Comp. 652.230(1)-(2). Stat. N.H. Rev. 49.58.070(1). 34:11-56.6. 67-19-4. 44-1005(k). 31-40z(a)(1). Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. 34A-5-107(17)(a). S.D. 67-5902(6). Code Ann. 49-2-601. Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. 613.330(1)(c). 4-21-313(a)(1)-(6), (b). Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. tit. 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. Md. 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. Minn. Stat. tit. Stat. Haw. 49-2-506(1)(a)-(c). 19 710(7). Cal. Gen. Laws ch. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Md. Ann. D.C. & Empl. & Empl. 387-12(a)(2), (a)(4). Stat. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. Code Ann. An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employees unpaid wages and the damages from retaliation; all other actual damages; and treble damages. Neb. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Lab. 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. Tex. Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. Coverage: The law does not apply to family members. 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. Ann. 954(b)-(c). Mich. Comp. 43 Pa. Cons. Kan. Stat. 378-2.3. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Rev. 652.210(1)-(2). Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. N.J. Stat. 112/30(c)(1)-(2). 19 709B(h)(3). Ann. Vt. Stat. Stat. 181.70. Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. New York Human Rights Law Protection: It is an unlawful discriminatory practice for an employer, because of an individuals sex, to discriminate against such individual in compensation. N.J. Stat. Code Ann. Rev. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. The Act also applies to any organizational unit of the state. The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. Code 1197.5(h). Stat. 378-5(b). 5/2-101(B)(1)(a), (c)-(e). Virginia Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he pays wages 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. Ky. Rev. Lab. Stat. Okla. Stat. Gen. Laws ch. Idaho Code Ann. 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. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. Mass. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Stat. Cal. 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. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. 21, 495d(1). 151B, 5. California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. See Utah Code Ann. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. Wis. Stat. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Kan. Stat. Wash. Rev. 363A.20(1). Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Wyo. Ann. Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. Stat. Ark. 10:5-14.1a(a)-(c). Conn. Gen. Stat. tit. Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). 111.39(c). 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. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. 3-304(b)(1)(i). Stat. Neb. N.D. But in the US, many workers still can't talk about pay. See 29 U.S.C. Stat. Stat. 19 1113(a), (c). Stat. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. 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. Haw. 27-4-303(a). Idaho Code Ann. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." * / in addition to any judgment awarded to state. 25 1350 ( G ) - ( e ) communications, like social media, keep in mind that employer. 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