Stat. Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Stat. Tex. Stat. Wyo. Stat. Code Ann. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. 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. Code Ann. 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. 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. Stat. Stat. N.D. N.J. Stat. Rev. In fact, having a policy against it could get you into serious trouble. .table thead th {background-color:#f1f1f1;color:#222;} 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. tit. 42 U.S.C. Del. Some of the early social media cases were settled by agreement between the parties. Gen. Laws ch. Stat. 40, 198.2. Code 1197.5(c). Stat. Or. 4-21-305(b). Employers legally may not discipline or terminate employees for discussing their pay at work. Conn. Gen. Stat. Code 22-9-1-3(h)(1)-(3). .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 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. Rev. Minn. Stat. 2019-10(1)(a)-(b). Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. tit. 16-123-107(a)(1). 337.420(1)-(2), 337.423(1). 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. 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. 820 Ill. Comp. Conn. Gen. Stat. Law 297(4)(c)(i)-(ii), (vi). 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. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Ann. Stat. Colo. Rev. Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. Remedies: No remedies specific to violations of this provision. Ind. 954(b)-(c). N.J. Stat. 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. Colo. Rev. 1305 Corporate Center Drive Mich. Comp. Laws 750.556. N.D. 49.58.070(1). Mich. Comp. N.D. Yes, it's O.K. Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid 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. Stat. Rev. Stat. 775 Ill. Comp. Ann. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Ala. Code 25-1-30(b). 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. Code Ann. Rev. Minnesota Human Rights Act Protection: Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of sex to discriminate against a person with respect compensation. 203(d), 206(a), 262(a). Ann. Law 190(3). Code Ann. 29 U.S.C. Ann. Mich. Comp. 21.2585(a)(1)-(2), (b)-(c). 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. 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. Stat. 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. Neb. 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. Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. 448.07(4). New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. 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. 275:40. tit. Laws 37.2202(3). tit. Conn. Gen. Stat. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). 21, 495d(1). Rev. Code Ann. Florida Equal Pay Statute 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 or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, responsibility, and which are performed under similar working conditions. Rev. Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. 50-2-204(a)(3). Lab. That's because there is no way for employees to gauge. 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. 149, 1. Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. 149, 105A. N.H. Rev. The law does not provide for specific remedies or penalties for unlawful employment practices. Or. Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 5, 4572(1)(A). Coverage: The law does not apply to family members. 1-13-90(d)(9). Coverage: 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. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. Stat. Stat. Neb. Coverage: Applies to all employer and all employees. tit. Many employers actively discourage employees from discussing pay and benefits with other employees. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. tit. Del. N.Y. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Del. Mich. Comp. Md. Skip to main content February 23, 2023 Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Idaho Code Ann. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. Minn. Stat. Why? To study the relationship between pay transparency, turnover, and workplace satisfaction, they selected a group of employees in the University of California system and showed them a website that lists the salaries of all UC employees. 67-19-4. Stat. Ann. Tenn. Code Ann. Wis. Stat. 46a-86(a)-(b). 760.11(5). 820 Ill. Comp. 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. 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. Mass. Haw. 112/10(b-5). Stat. Utah Code Ann. Read more 16-123-107(c)(2)(A). 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. 23:666(A). Stat. 290.410. If employer policies requiring pay secrecy are unlawful, why are they still so common? Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. Stat. 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. Because the Wis. Stat. 18 709A(a)(4). 48-1102(2). Executive Directive No. Rev. Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. Stat. 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. Utah Code. Ann. Ann. Wyo. Rev. 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. Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Code Ann. 44-1702(1). N.M. Stat. 363A.20(1). Code Ann. 12571. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. 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. 5, 4553(3). 820 Ill. Comp. 181.66(2). W. Va. Code 21-5B-5. Stat. Rev. Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. 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. Remedies: Any employer who violates or fails to comply with requirement of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. Lab. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. 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