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. 216(a). Ind. Kan. Stat. Ann. Mass. See 29 U.S.C. Code 34-06.1-09. 28-1-11(E). 48-1223(1)-(2). Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Wash. Rev. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 21-5B-1(2). Rev. Me. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. 111.39(c). 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 employer's permission to have such discussions. 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. 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. Tenn. Code Ann. Stat. Govt Code Ann. 93 Protection: State agencies are prohibited from requesting salary history from applicants. 93(5)(a). 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. N.J. Stat. Stat. Stat. 26, 623. 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. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Lab. Neb. 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. 820 Ill. Comp. N.Y. Stat. S.C. Code Ann. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. The court may also allow the prevailing party a reasonable attorneys fee. See Nev. Rev. Or. Gen. Laws ch. 11-4-607(2). Conn. Gen. Stat. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Conn. Gen. Stat. 23:302(2)(a)-(b). 112/30(a). In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. 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. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} And many states have passed pay transparency laws for employees. 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. Ark. Del. Or. Ark. N.J. Stat. 659A.885(1). 5/8A-104(A)-(C), (G), (J). W. Va. Code 21-5E-3(a)(1)-(2). Coverage: Does not apply to employers covered by the Fair Labor Standards Act. Stat. Laws 408.471(c)-(d). Coverage: Applies to all employees except individuals in the domestic service of any person. 378-5(c). 31-40z(b)(5). 43 Pa. Cons. Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Code Ann. Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. Wash. Rev. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. Stat. Some employee handbooks explicitly forbid discussing salary at work. Ky. Rev. Stat. 67-5909(1). Its long been considered taboo to discuss how much youre making with your co-workers. Yes, it's O.K. 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. Coverage: 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. It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. Cal. Ann. Ga. Code Ann. Ky. Rev. West Virginia Equal Pay for Equal Work for State Employees 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 the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. Coverage: Applies to any employer engaged in an industry who has 2 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, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. Code Ann., Lab. That's because there is no way for employees to gauge. Lab. The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. Stat. 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. 5, 4613(2)(B)(1), (2), (7), and (8). Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Ann. Or. 19 709B(h)(1). Okla. Stat. 19 711(a)(1). Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information Protection: Federal contractors and subcontractors agree to refrain from discharging or otherwise discriminating against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. tit. Rev. Tenn. Code Ann. N.D. Code Ann. 110/1. La. Vt. Stat. They just can enforce it. 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. Md. Mich. Comp. Tenn. Code Ann. 613.320(1)(a)-(b). 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can employees discuss wages in georgia
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