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. Stat. Code Ann. Me. Stat. 21-5B-4(1)-(2). 4111.17(A). Rev. 111.32(5)-(6)(a)-(b). Idaho Code Ann. Ark. Mass. Lab. N.Y. Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. 363A.20(1). Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Colo. Rev. 613.405, 613.420. 27-4-302(a). 34:11-56.1(a)-(b). Stat. Stat. 820 Ill. Comp. 344.230(2)-(3)(a), (e)-(f), (h). Ark. Colo. 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. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. Md. Gen. Laws ch. Code 243(a)-(b). There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. 275:39. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 31-40z(a)(1). Rev. See examples of NLRB decisions below. If employer policies requiring pay secrecy are unlawful, why are they still so common? 24-34-401(2). Cent. S.C. Code Ann. 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. 143-422.2. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who . Only federal protections apply. Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 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. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). Ind. Or. .manual-search-block #edit-actions--2 {order:2;} Protection: An employer may not pay any of its employees at wage rates less than the rates paid to employees of another sex for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and performance under similar working conditions. Code 34-06.1-05(1). tit. 608.180, 608.195(2). 16-123-107(c)(1)(A). Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. 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. 143-422.2. Stat. 216(a). 24-34-401(3). Stat. Ann. Conn. Gen. Stat. Ky. Rev. Laws 408.481(1). Code Ann., Lab. Wis. Stat. N.H. Rev. Wis. Stat. Stat. Kan. Stat. Stat. 23:663(3). An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). 363A.29(3). 21-5E-4(a). Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. South Dakota Equal Pay for Equal Work Law Protection: No employer may discriminate between employees on the basis of sex, by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. 43 Pa. Cons. Code Ann., State Govt 20-601(d)(1)-(3). But in the US, many workers still can't talk about pay. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Stat. 40.1-28.6. Stat. Okla. Stat. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. 110/1. Conclusion. 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. Stat. 760.10(7), (9). Stat. W. Va. Code 5-11-3(h); 5-11-9(1). Any employer who violates this law commits a Class A misdemeanor. Idaho Code Ann. 28-23-4(B). 378-2.3. Stat. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Gen. Laws ch. Wash. Rev. tit. Idaho Code Ann. Law 198-a(1). Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Ark. 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. Del. 34A-5-107(17)(a). Wages of Women and Minors Act Protection: It is against public policy for any employer to employ any woman or minor in an occupation at an oppressive and unreasonable wage. Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. Stat. Mich. Comp. Lab. Code Ann. Laws 408.471(c)-(d). 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. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. tit. 42 U.S.C. Ind. Lab. tit. Because the Code 232(a)-(c). 149, 105A. The .gov means its official. Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. Govt Code 12926(d). Colo. Rev. Wash. Rev. Did you know that employees must be allowed to discuss salary at work? Stat. Laws 750.556. Wyo. tit. The law errs on the side of protecting employees right to concerted activity. 31-40z(a)(1). Cent. 181.68(1). Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. 2019-10(2). Ky. Rev. Ann. 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