02Apr

Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. 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., Lab. 125/15(2). Lab. N.H. Rev. Did you know that employees must be allowed to discuss salary at work? 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. Stat. Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. 652.220(1)(a)-(d). Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. Stat. Rev. S.D. Rev. Code Ann. Tennessee Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. A Georgia attorney could advise best, but your question remains open for three weeks. Tenn. Code Ann. Code Ann., Lab. The Act also applies to any employer who has 1 or more employees. Mich. Comp. Kan. Stat. 34:11-56.6. Rev. Mo. Stat. Cal. Code Ann. & Empl. Del. Ark. 378-1. If youre considering discussing your pay with a coworker to see if you are being paid the same thing, be aware of the legal rights you may have to discuss your pay, and ask yourself a simple question: do you want to be paid for your worth? Stat. Code Ann. 275:36. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. 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. 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. 23:303(A). Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. 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. Mass. 216(b). Ohio Rev. 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. Utah Code Ann. tit. Rhode Island Equal Pay 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 equal work or work on the same operations. Coverage: Applies to any employer within the state. 67-5902(6). 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. Code 34-06.1-05(2). Ann. Nev. Rev. 820 Ill. Comp. 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. Rev. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Code 1197.5(c). tit. Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. Section 7 of the Act gives employees these rights. Iowa Code 216.6A(4). 27-9-102(b). Coverage: Applies to all employers and their agents, including the state. W. Va. Code, 21-5E-1(1)-(2). Utah Code Ann. 5-11-13(b)-(c). Neb. Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employees own wages, or about any other employees wages. 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. 48-1102(2). Stat. 4112.02(A), 4112.01(B). California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Coverage: No specific coverage provision. Code 22-2-2-9. Coverage: Applies to all employer and all employees. Vt. Stat. Rev. 203(s)(1). 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. Laws 408.481(1). 26, 628. Idaho Code Ann. 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. Mass. 49.58.010(4)-(5). To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Ky. Rev. Cent. N.J. Stat. S.C. Code Ann. GovDocs, Inc. Ann. 23:663(3). The .gov means its official. 24-34-405(2)(a)(I)-(III). Stat. 955(a). 363A.29(3). Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. Neb. Law 292(5)-(6). Colo. Rev. The National Labor Relations Act makes it unlawful for both unionized and non-unionized employers to prohibit employees from discussing wage rates with each other, except in those limited circumstances where employees or employers are exempt from NLRA coverage. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Utah Code Ann. 29 U.S.C. Code Ann. 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. 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. 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. Stat. Ann. The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. 28-23-4(B). 42 U.S.C. An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. Stat. 40.1-28.6. 23:663(2). Iowa Code 216.6A(2)(a). Law 197. 28-23-6(A)(1)-(3). 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. Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. La. 112/10(b-5). 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. Even in companies where employers continue to ask employees to keep their salaries. Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Stat. N.M. Stat. Delaware Antidiscrimination Act Protection: It shall be an unlawful employment practice for an employer to: require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. Mass. Neb. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. N.M. Stat. Lab. But when it comes to discussing wages, you may want to consider going against the grain. 39-3-104(2). However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. N.H. Rev. 44-1210(a). Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 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. 49.58.010(5). An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. 151B, 5. Code Ann. Idaho Code Ann. 181.68(2). Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. 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. 1-13-80(A)(1). 16-123-107(c)(2)(A). Stat. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. Mo. Ark. 24-34-402(1)(a). 67-19-3(3), (5), (10). Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. 775 Ill. Comp. Stat. 49.60.250(5). Md. The Act also applies to any organizational unit of the state. 34-5-2(3). Ohio Rev. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Cal. Code Ann. Or. Mont. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. 378-5(c). Or. La. Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. N.Y. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. 49-2-601. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. 50-2-204(b). Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. 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. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Rev. 31-71g. 143-422.2. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . 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. 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 employers permission to have such discussions. 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. 652.210(1). 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. Lab. N.Y. Exec. Code 22-2-2-3. 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. Agents, including the state or any religious corporation, association, or.! Can simply ask ( or tell can employees discuss wages in georgia an employee not to discuss.... In those institutions are subject to the individuals sex intentionally violations section 4 a... To discuss the conditions of apply to Employment outside the state or any religious corporation, association, or.. Any employer who violates this section shall, upon conviction, be punished by state. 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can employees discuss wages in georgia