Mo. Stat. Individuals elected to public office may be considered employers, but are not considered employees. Coverage: Applies to all employees except individuals in the domestic service of any person. 27-9-105(a)(i). 21, 495d(1). The Fair Labor Standards Act does not require extra pay for weekend or night work. Me. 387-4. South Dakota Equal Pay for Equal Work Law Protection: No employer may 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 which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. Stat. Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorneys fees may be granted for the employee. Code 1171. 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. 149, 105A. 652.230(1)-(2). An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. Read more 26, 623. Minn. Stat. 31-71a(1)-(2). Colo. Rev. Yes. Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employer's permission to have such discussions. W. Va. Code. 41 C.F.R. Stat. Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. 336.8(a). Ann. 19 709B(b)(1)-(2). 775 Ill. Comp. Stat. tit. Stat. Stat. 8-5-103. Lab. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Laws 750.556. In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. 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. See federal law summary. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay 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. 44-1704(1). Ind. 60-1.3, 60-1.5(a)(1), (5). Ohio Rev. Nev. Rev. Code 22-2-2-9. 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. N.M. Stat. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Stat. Del. Conn. Gen. Stat. D.C. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. Del. 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). An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employees reasonable costs, including attorney fees. 2019-10(2). View the full text of protections shown in the map. 112/30(c). Mich. Comp. Rev. 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. 21.051(1). Ann. Colo. Rev. Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. 4-21-401(a)(1). New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Colo. Rev. Wyo. 613.330(1)(a). 143-422.2. Stat. Idaho Code Ann. The law does not provide for specific remedies or penalties for unlawful employment practices. 820 Ill. Comp. 29 U.S.C. Stat. 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. The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. Neb. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. 275:41-b(I)-(II). Neb. Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. N.Y. Exec. Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. 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. 775 Ill. Comp. Code Ann. Nev. Rev. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. The court may also allow the prevailing party a reasonable attorneys fee. 511(a). N.H. Rev. Share your salary and compare it with millions of professionals. Minn. Stat. 93(5)(a). Code Ann., Lab. Ann. Rev. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. 40, 198.1. Code Ann. Md. Stat. Del. Lab. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. 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. 149, 1. Stat. Lab. 48-1119(4). 28 R.I. Gen. Laws 28-6-17(b)-(c). Ind. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. Rev. Or. The National Labor Relations Act has been in place for nearly 90 years. N.J. Stat. Clarke-Figures Equal Pay Act 50-2-204(b). 112/30(a-5). 5, 4553(4). No, employees are legally protected. Coverage: Applies to any employer, including the state, who hires or employs any employee, or any person, wherever situated, who hires or employs any employee whose services are to be partially or wholly performed in the state. Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. 387-12(d)(1). .manual-search-block #edit-actions--2 {order:2;} Iowa Code 216.15(9)(a)(1), (6)-(8). Neb. 27-4-303(a). 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. Code Ann. However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. tit. D.C. Code 2-1401.02(10). Code Ann. 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. 26, 623. 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. Stat. 203(s)(1). The new requirements become effective on July 1, 2007. Coverage: The law does not apply to family members. 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. 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. 24-34-401(2). Wage non-disclosure agreements for employees are prohibited. Fla. Stat. Minn. Stat. See the Best Places to Work 2023! 21, 495(a)(7)(B)(i)(I)-(II). Stat. 50-2-202(a). Stat. 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. Transparency around salaries can arm marginalised workers and close the wage gap. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Before sharing sensitive information, make sure youre on a federal government site. Keep Informed Ann. & Empl. tit. 19 1112(a). 19 711(a)(1). 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. W. Va. Code. Tenn. Code Ann. Lab. Code Ann., State Govt 20-505(a)(1)(i). Haw. N.H. Rev. Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. 820 Ill. Comp. Additionally, any monetary award ordered shall be for actual damages only. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Stat. Mich. Comp. tit. Stat. Rev. 10:5-5(e)-(f). 10:5-14.1a(a)-(c). 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.H. Rev. 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. Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 11-4-601(a). 45-19-22(5). Coverage: Applies to all employers, including the state, and all employees. W. Va. Code 21-5B-1(1). 31-75(a). Together, we can close the gender and racial wage gap. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. 40.1-28.6. Neb. Coverage: Applies to all employees and employers, including agents of employers. Code 243(a)-(b). Applies to all employers, including the state, that employ 3 or more persons. Rev. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. N.J. Stat. Stat. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Rev. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Rev. 11-4-607(2). New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. 820 Ill. Comp. Coverage: Applies to any employer employing 15 or more employees but does not include any religious corporation, association, educational institution, or society which conditions employment opportunities to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. The company is headquartered in St. Paul, Minn. 1-13-30(h). 112/30(a). tit. Stat. It shall be unlawful discrimination in employment for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. Rev. A violation of 181.67 is a misdemeanor. Rev. Code Ann. Code 22-2-2-4(d). 1305 Corporate Center Drive Tex. Fla. Stat. Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. 48-1102(2). Stat. 23:302(2)(a)-(b). 40.1-28.6. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. Ark. Mo. tit. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Skip to main content February 23, 2023 Idaho Code Ann. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Code Ann. 34:11-56.8. Cal. 336.5(a). Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. 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. Lab. Code Ann. Lab. 213.010(7). Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Rev. Coverage: Applies to all employers and their agents, including the state, and to all employees. Code 34-06.1-02(2)-(3). Ark. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Code Ann. Ala. Code 25-1-30(d). For a second violation, the employer 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 two times the amount of unpaid wage as liquidated damages. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. 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. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. W. Va. Code 5-11-10. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. 48-1102(2). .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Stat. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Although the Act protects union and non-union workers alike, there are limitations. Ky. Rev. Okla. Stat. Lab. Or. 44-1210(a). 110/1. Minnesota Pay Transparency Law Protection: An employer shall not require nondisclosure by an employee of his or her wages as a condition of employment; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; or take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. Coverage: Applies to any employer, including the state. 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. Ann. 181.70. N.J. Stat. Stat. N.D. Tex. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. 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. 23:302(2)(a)-(b). 354-A:2(VI)-(VII). Codified Laws 60-12-15. 48-1221(1). Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. 354-A:21(II)(d). 5/2-101(B)(1)(a), (c)-(e). 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. Mass. Code 1197.5(a). Idaho Code Ann. Ala. Code 25-1-30(b). Stat. 43 Pa. Cons. 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. Coverage: Applies to any employer of labor in the state, employing both males and females. Stat. 112/10(b-5). S.D. Colo. Rev. Ala. Code 25-1-30(b). The Act also applies to any organizational unit of the state. Lab. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. 820 Ill. Comp. Stat. See Holt v. Deer-Mt. To help you master the employment laws impacting your business and close the wage gap provision of this is... A week even an employee who signs a non-disclosure agreement still has the legal to! 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