Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. Colo. Rev. 216(a). 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. Stat. Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. The law does not provide for specific remedies or penalties for unlawful employment practices. Lab. La. W. Va. Code. Rev. Stat. Cent. 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. 48-1102(2). 34A-5-106(1)(a)(i)(C), (J). S.C. Code Ann. N.J. Stat. Code Ann., Lab. 613.330(1)(c). Cent. Ind. 820 Ill. Comp. 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. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Ann. 275:37(I). Stat. Or. Remedies: The Executive Order does not create a private right of action. 40, 198.1. Mo. 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. New Mexico Fair Pay for Women Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate that the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions. 2019-10(2). 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. 3-307(e). Mont. Cal. Stat. S.C. Code Ann. Stat. Iowa Code 216.6A(4). Stat. Ann. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Mich. Comp. Stat. Code 200. Cal. 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. 43 Pa. Cons. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. Wyo. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. 31-40z(d). Code Ann. Colo. Rev. 111.39(c). 344.230(2)-(3)(a), (e)-(f), (h). Only about 20% of companies practice open salary transparency. Iowa Code 70A.18. Coverage: Applies to any employer of 6 or more persons in the state. 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. 8, 2011 WL 2533793, at *7 (C.D. 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. Stat. Minn. Stat. #block-googletagmanagerheader .field { padding-bottom:0 !important; } The new requirements become effective on July 1, 2007. N.C. Gen. Stat. Coverage: Applies to all employees and employers, including the state. 4-21-313(a)(1)-(6), (b). 206(d)(1). Coverage: Applies to any 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. Ann. Mo. Rev. 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. Tenn. Code Ann. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Tenn. Code Ann. Govt Code 12965(c). Gen. Laws ch. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} 4-21-305(b). Nev. Rev. 28-23-2(D)-(E). 378-5(c). Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. 4111.14(B). 181.172(a)(1)-(3). 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. tit. 19 710(6)(a)-(d). 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. 50-2-201(3)-(4). Executive Order No. 112/10(a). 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. D.C. Code 2-1402.11(a)(1). Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. Minn. Stat. 40, 198.2. 4111.17(A). Stat. Stat. 112/5. Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. Coverage: Applies to all employees and employers, including the state. Wash. Rev. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. N.J. Stat. 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. 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. Ann. Rev. Code Ann. Tex. 5/2-101(A)(1)(a)-(c). Stat. Code Ann. 125/2. Ark. 112/10(b-5). Code Ann. Rev. Employee compensation is a sensitive subject, one that many employers would like to keep secret. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 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. Ark. N.H. Rev. Rev. 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. N.D. Cal. N.J. Stat. N.H. Rev. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. 3-307(e). Me. 49.58.010(4)-(5). Nev. Rev. Executive Directive No. Coverage: Applies to all employees and employers, but does not include the District or the federal government. 43 Pa. Cons. 5/2-101(B)(2). 21, 495(a)(7)(B)(i)(I)-(II). Ky. Rev. See Nev. Rev. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Ark. 45-19-22(5). Mass. Mass. D.C. Code 32-1455(a), (c). 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. Stat. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. 112/5. Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. 181.172 ( a ) ( 1 ) - ( f ), ( h.! 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