Stat. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Employee compensation is a sensitive subject, one that many employers would like to keep secret. N.M. Stat. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Law 297(4)(c)(i)-(ii), (vi). 28-1-7(A). Mich. Comp. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Cal. Or. Coverage: Applies to all employers and their agents, including the state. 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. Stat. 27-9-105(a)(i). Mont. 44-1009(a)(1). Iowa Code 216.15(9)(a)(9)(a)-(b). 213.075.11(1). N.J. Stat. Mass. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. W. Va. Code 5-11-3(h); 5-11-9(1). 10:5-14.1a(a)-(c). Now is the time to address equity in wages. 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. Rev. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Unit Sch. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Rev. 244.230(4). Coverage: Applies to all employees except individuals in the domestic service of any person. 820 Ill. Comp. See Holt v. Deer-Mt. 275:36. 27-4-302(a). Code Ann. N.D. Haw. Stat. Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. Ky. Rev. Skip to main content February 23, 2023 Coverage: The law does not apply to family members. Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. Code 1197.5(k)(2). 387-4. Stat. 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. 48-1223(1)-(2). Okla. Stat. 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? It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 4-21-401(a)(1). If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. That's because there is no way for employees to gauge. 43 Pa. Cons. N.D. The law does not apply to individuals employed as domestic servants. Tenn. Code Ann. 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. 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 of liquidated damages. Gen. Laws ch. N.Y. 659A.001(3)-(4)(a). Judea Sch. 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. 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. And you may be tempted to just compare numbers. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. 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. .manual-search ul.usa-list li {max-width:100%;} Tenn. Code Ann. Me. Lab. Stat. 613.310-613.435. 149 105A(c)(1). 19 710(6)(a)-(d). Code Ann. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Code Ann. 19 715(1)(a)-(d). Md. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Minn. Stat. Gen. Laws ch. 511(a). . 820 Ill. Comp. 19 1112(a). 11-4-601(a). Cal. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Lab. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. 28-23-4(A)(1). 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. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Rev. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. Kan. Stat. 24-34-405(2)(a)(I)-(III). The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. 93(2). Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Ann. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. 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. Code 1197.5(k)(1). Wyo. 28 R.I. Gen. Laws 28-6-20. Code 22-2-2-9. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Nev. Rev. Tenn. Code Ann. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). 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. Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Ann. This result shows why employers have an incentive to keep pay under wraps if theyre going to try to pay some less than the median. An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. Vt. Stat. 10:5-12(a). Rev. 44-1002(c). 19 711(a)(1). 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. Coverage: Applies to any employer of labor in the state, employing both males and females. Code Ann. Lab. Gen. Laws ch. Code Ann. Ann. Mass. Code Ann. 336.2(a)-(b). Code 34-06.1-05(2). There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. - fetcheatable. 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. 2019-10(1). 959(f)(1). Ann. Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. 41 C.F.R. 2019-10 Protection: State departments and autonomous agencies shall not (a) inquire about a job applicants current or previous salaries unless and until the department or agency first makes a condition offer of employment, including an explanation of proposed compensation; (b) make inquiry of a current or prior employer or search public records databases to ascertain an applicants current or previous salary.
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