23:664(A). N.H. Rev. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Youre allowed to discuss pay: Its the law, Sign up to become a member of Glassdoor so you can. 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. Conn. Gen. Stat. 336.2(a)-(b). 337.423(1). 149, 105A. 112/30(a-5). 16-123-102(6). Code Ann. 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. Code 1171. Wyo. Rev. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. Mass. 23:663(3). 4-21-306(a)(1), (7). 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). 46a-86(a)-(b). S.C. Code 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. Because the N.M. 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. tit. Stat. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 275:36. Coverage: Applies to all employers and their agents, including the state. For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board ( NLRB) and an April 2014 Executive Order from former President Obama. Mo. Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. 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. Md. Some employee handbooks explicitly forbid discussing salary at work. See Nev. Rev. 49.60.250(5). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. Codified Laws 60-12-18. N.Y. Exec. 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. Haw. Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. 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. Rev. 8-5-102. Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. Neb. & Empl. Many employers actively discourage employees from discussing pay and benefits with other employees. 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. 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. This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Remedies: No remedies specific to violations of this provision. Diane B. Allen Equal Pay Act Protection: No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex. Mo. 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. Ga. Code Ann. Stat. Nev. Rev. The Act also applies to any organizational unit of the state. Code Ann. Mo. Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. 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. Va. Code Ann. 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 29 U.S.C. Colo. Rev. Ann. 659A.355(1)(a). 613.330(1)(a). N.J. Stat. Lab. Code Ann. Law 198(1-a). Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. Code Ann. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Lab. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. 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. Coverage: Applies to all employees and employers, including the state. Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 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. 10:5-14.1a(a)-(c). Its long been considered taboo to discuss how much youre making with your co-workers. 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. Gen. Laws ch. Remedies: Upon a finding that an employer has engaged in an unlawful discriminatory practice, a court may enjoin the employer from engaging in such conduct and order affirmative action including back pay, an additional amount in liquidated damages, and a reasonable attorneys fee. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. 40.1-28.6. California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. 41 C.F.R. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Nev. Rev. 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. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 2019-10(1)(a)-(b). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Cent. tit. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Rev. Or. What would it look like if the same was happening in your company? 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. Rev. Remedies: Any employer in violation 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 amount of unpaid wages as liquidated damages. N.Y. New York Equal Pay Law Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee; however, an employer may reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. & Empl. Ill. June 27, 2011). Ann. Ann. South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individuals compensation because of the individuals sex. 10:5-5(e)-(f). In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. 11-4-608. Stat. Lab. 181.67(1). Rev. 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. 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 . D.C. Code 2-1402.11(a)(1). Stat. Nev. Rev. Tenn. Code Ann. Code Ann. Additionally, the employer may also be liable to the employee for punitive damages. 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. Kan. Stat. N.M. Stat. 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. Haw. 5, 4572-A(1). Code Ann. Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of any other employee. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. Stat. 28 R.I. Gen. Laws 28-5-6(7)-(8). 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. Idaho Code Ann. 337.427(1). Clarke-Figures Equal Pay Act The Act also applies to any employer who has 1 or more employees. Lab. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. Ann. Share your salary and compare it with millions of professionals. N.Y. Exec. Ann. Stat. Cal. 4-21-305(b). 4111.14(B). N.H. Rev. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. Law 190(3). N.M. Stat. 11-4-607(2). Minn. Stat. tit. Stat. 820 Ill. Comp. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 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. Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. 5 4577. Minn. Stat. Stat. 34:11-56.6. Rev. And many states have passed pay transparency laws for employees. 151B, 4(1). Code Ann. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. N.D. Lab. Lab. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Ark. Code Ann. 363A.03(16). Rev. 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. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Minn. Stat. 5 4577. 820 Ill. Comp. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. A violation of 181.67 is a misdemeanor. The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. 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. 50-2-202(a). Ind. La. Wyo. Okla. Stat. Executive Directive No. 16-123-107(a)(1). 49.58.010(5). Cal. 23:342(1). 67-5909(1). 354-A:7(I), 345-A:7(VI)(a). Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? The National Labor Relations Board has made it clear that this includes the right to discuss wages. 8, 2011 WL 2533793, at *7 (C.D. La. tit. The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. 125/2. 27-9-103(n)(i)-(iv). 959(f)(1). 760.10(7), (9). Stat. .h1 {font-family:'Merriweather';font-weight:700;} 67-5908(3)(a)-(e). In other words, if you lost wages as a result of getting injured, a single attorney. N.J. Stat. Coverage: No specific coverage provision. 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. 3-304.1(a)(1). Md. The company is headquartered in St. Paul, Minn. Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. Nev. Rev. Stat. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Code Ann., Lab. 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. Stat. rimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Md. Code Ann. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. Lab. 28 R.I. Gen. Laws 28-5-29.1. Coverage: No specific coverage provision. Code Ann. & Empl. Colorado Antidiscrimination Statute Protection: Unless otherwise permitted by federal law, it is an unfair employment practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employees wages; additionally, it is an unfair practice for an employer to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individuals compensation because of such individuals sex. Do you want that for others as well? Mo. 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. Govt Code 12940(a). 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 34A-5-107(9)(a), (b)(i)-(iv). Rev. Stat. Utah Code Ann. Conn. Gen. Stat. Before sharing sensitive information, make sure youre on a federal government site. 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. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. 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