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. Rev. 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. 3-304(b)(1)(i). Haw. 363A.29(3). It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer, unless the job applicants wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same employer. Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. 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. 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. 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. 216(b). Ann. See Nev. Rev. Coverage: Applies to individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Colo. Rev. Codified Laws 20-13-42. 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. Ark. 67-5902(6)(a)-(c). Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Colo. Rev. Stat. 5/2-101(A)(1)(a)-(c). 44-1009(a)(1). D.C. Code 2-1403.13(a)(1)(A),(D)-(F). 820 Ill. Comp. tit. 49.58.040(2)(a). Coverage: Applies to public and private employers. The answer usually surprises them. Colo. Rev. Code Ann 11-4-611(a), (b)(1)(3). 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. Or. Rev. 112/30(c)(1)-(2). Executive Order No. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Md. Coverage: No specific coverage provision. 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: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. Executive Order No. 34-5-2(3). Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Code 22-2-2-3. Stat. 613.310(2)(a)-(c). Code Ann. Utah Code Ann. Kan. Stat. Conn. Gen. Stat. Coverage: No specific coverage provision. 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. The site is secure. Rev. 25, 1302(B), 1307. tit. 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. Iowa Code 70A.18. 44-1210(a). Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. 48-1102(2). 48-1102(2). Code 200. Ann. Coverage: Applies to all employees except individuals in the domestic service of any person. Iowa Code 216.6A(4). 110/1. New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. Minn. Stat. 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. Ark. Yes. Stat. Neb. Stat. North Dakota Human Rights Law Protection: It is a discriminatory practice for an employer to accord adverse or unequal treatment to an individual or employee with respect to compensation because of sex. 336.3(a). Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). 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. Wyo. 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. 23:664(A). Fla. Stat. 24-34-405(2)(a)(I)-(III). If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. 1-13-80(A)(1). WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. 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. Stat. And many states have passed pay transparency laws for employees. Laws 750.556. Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. N.M. Stat. Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. Code Ann. The simple answer is "No". Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Lab. N.H. Rev. 44-1002(b). 448.07(4). 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. Code Ann. 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 state departments and autonomous agencies subject to supervision by the Governor. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Cal. Stat. 19 711(i)(1)-(3). Gen. Laws ch 151B, 5. Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Yes, it's O.K. Rev. Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. The Fair Labor Standards Act does not require extra pay for weekend or night work. 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. N.M. Stat. 5, 4572(1)(A). 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. Code Ann. Ann. Ark. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Rev. Ala. Code 25-1-30(b). Conn. Gen. Stat. 181.172(a)(1)-(3). Ann. Stat. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. See the Best Places to Work 2023! Ky. Rev. 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 employee may also recover the costs of the suit and reasonable attorneys fees. 1-888-273-3274. See 29 U.S.C. 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. Mo. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. 378-1. Mass. Rev. Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. Ann. Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Extra pay for weekend or night work states have passed pay transparency laws for employees, 1307..!, ( D ) - ( 3 ) all employers except those subject to supervision the. Domestic service of any person capped ranging from $ 50,000 to $ 300,000, depending the... Challenging pay discrimination on the basis of sex by the Governor sex ) basis... Yes, it & # x27 ; s O.K extra pay for weekend or night work to officers! Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality,!: No employer shall discriminate in the amount of compensation paid to any employee the! 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