Here are some examples from the past three decades of NLRB decisions. Ann. 19 709B(h)(1). Ann. Ky. Rev. Stat. 151B, 5. 24-34-402(1)(i). Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. 125/15(2). Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. Wash. Rev. Ky. Rev. 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. tit. Stat. Rev. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Stat. Neb. Neb. Individuals employed by their parents, spouse, or child are not protected. Ann. The Fair Labor Standards Act does not require extra pay for weekend or night work. Minn. Stat. Code Ann. .cd-main-content p, blockquote {margin-bottom:1em;} 10:5-12(a). N.Y. Fla. Stat. See 29 U.S.C. 28 R.I. Gen. Laws 28-5-24(b). 16-123-102(6). 149, 105A. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. Stat. Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. Is It Illegal For Your Employees To Discuss Wages? Stat. Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Del. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Ann. Iowa Code 216.6A(4). Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. Nev. Rev. 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. 28 R.I. Gen. Laws 28-6-21. 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. See Nev. Rev. ol{list-style-type: decimal;} Employee means an individual employed by an employer. Conn. Gen. Stat. 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. Ark. 378-5(a). Colo. Rev. Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. Share your salary and compare it with millions of professionals. Code 22-9-1-6(j)(1)-(3). 93 Protection: State agencies are prohibited from requesting salary history from applicants. 21, 495d(1). However, this statute does not apply to employers subject to the Fair Labor Standards Act. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. 181.68(2). 25, 1301(1)(a)-(b). Stat. Mass. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. The site is secure. Stat. 28-23-4(B). 448.07(4). Vt. Stat. tit. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. 24-34-405(2)(a)(I)-(III). 659A.355(1)(a). The law does not apply to individuals employed as domestic servants. Code Ann. Code Ann., Lab. Stat. Cal. Code 1197.5(k)(1). 775 Ill. Comp. 820 Ill. Comp. N.H. Rev. Stat. Conclusion. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or 29 U.S.C. Stat. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. 27-4-303(a). The National Labor Relations Act has been in place for nearly 90 years. 962(c)(1). It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. Iowa Code 70A.18. TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. 613.330(1)(a). 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. 613.310-613.435. Del. Nev. Rev. 1-13-30(d)-(e). Kentucky Civil Rights Act Protection: It is an unlawful practice for an employer to discriminate against an individual with respect to compensation because of the individuals sex. 50-2-204(a)(3). Remedies: The Executive Order does not create a private right of action. Ann. 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. 659A.001(3)-(4)(a). D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. 112/30(a). Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. 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. New Mexico Fair Pay for Women Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate that 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. 25 1350(G)-(H). 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. 28-1-2(B), (E). Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. 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. Neb. Stat. Code Ann., Lab. Tex. N.C. Gen. Stat. 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. Mich. Comp. Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. 34A-5-106(1)(a)(i)(C), (J). 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. Ann. Stat. 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. 50-2-206. Stat. Stat. 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. Lab. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. W. Va. Code 21-5B-3(1)(a)-(b). Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Code Ann. 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. Utah Code Ann. 378-2.3. Idaho Code Ann. 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 . Code Ann. 203(d), 206(a), 262(a). 44-1205. N.H. Rev. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Lab. 31-40z(a)(1). 25, 1302(A)(1), 1301(6). Rev. Md. La. 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. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. 44-1202(e). Rev. 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. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. 60-1.3, 60-1.5(a)(1), (5). See Holt v. Deer-Mt. 28-23-4(A)(1). Rev. Mich. Comp. Code 1197.5(1). Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Wash. Rev. Laws 408.481(1). Code 243(a)-(b). Rev. The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. Stat. 19 710(7). 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. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Stat. Coverage: Applies to public and private employers. Law 194(1). N.M. Stat. Gen. Laws ch. 31-75(a). Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. 122), Colorado employers are prohibited from retaliating against employees for sharing wage information and from requiring employees to sign document purporting to deny the right to discuss pay information. 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. S.D. 149, 105B. Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Rev. Applies to all employers, including the state, that employ 3 or more persons. Stat. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. Govt Code 12940(a). 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. tit. Transparency around salaries can arm marginalised workers and close the wage gap. Market awareness only, it is not to be used for legal advice or counsel conviction, be punished a. 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