Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. 820 Ill. Comp. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. N.Y. Exec. Gen. Laws. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. 4-21-401(a)(1). Rev. 378-5(b). Mass. Ky. Rev. 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. Va. Code Ann. Remedies: No remedies specific to violations of this provision. Law 292(5)-(6). Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. Colo. Rev. Coverage: Applies to all employers but does not apply to governmental agencies. 125/2. Conn. Gen. Stat. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Stat. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Conn. Gen. Stat. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Cent. Ky. Rev. Kan. Stat. 820 Ill. Comp. Executive Order No. 23:663(2). Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. Stat. Wyo. Cent. 60-1.26(a)(2), (b)(1); 60-1.27. Code Ann. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. 28 R.I. Gen. Laws 28-5-29.1. Va. Code Ann. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Additionally, a court may order other affirmative action as appropriate. Ann. 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. tit. The court may also allow the prevailing party a reasonable attorneys fee. Ark. 27-9-103(n)(i)-(iv). Coverage: Applies to any employer within the state. 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. 23:644(D). Ann. 10:5-14.1a(a)-(c). Lab. 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. tit. 23:302(2)(a)-(b). N.Y. La. 67-19-12(a), (b), (g). The new requirements become effective on July 1, 2007. Stat. Ann. Me. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. Is it Illegal to Discuss Wages? Code Ann. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5B-3 shall have a right of action against his employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one-year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney's fees. Code Ann. Iowa Code 216.6A(4). 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. 34A-5-107(17)(a). Stat. Code 22-2-2-9. 337.420(1)-(2), 337.423(1). GovDocs, Inc. Ann. Minn. Stat. Remedies: If the commission finds that an employer has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from such discriminatory practice and take affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and any other appropriate relief. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. 60-1.4(a)(3). Lab. 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. Stat. Rev. Ark. Rev. 5/2-101(A)(1)(a)-(c). Conn. Gen. Stat. Stat. 275:38-a(I)(b). Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. tit. Stat. Vt. Stat. 31-40z(a)(1). Remedies: No specific provision of remedies for violation. Ind. 21-5B-4(1)-(2). 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. Code Ann. 820 Ill. Comp. 21.2585(d)(1)-(4). 613.310(2)(a)-(c). Lab. N.D. 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. Code 49.60.180(3). 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. D.C. Code 32-1451(1)-(2). 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. & Empl. 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. Tenn. Code Ann. Tex. D.C. Code 2-1402.11(a)(1). Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. Individuals employed by their parents, spouse, or child are not protected. 21.258(a)(1)-(2), (b)(1), (5)-(6). Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorneys fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. 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. 19 709B(h)(3). N.H. Rev. 344.030(2)(a)-(b). Executive Directive No. Gen. Laws ch. 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. Code Ann. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. N.J. Stat. 10:5-12(a). Transparency around salaries can arm marginalised workers and close the wage gap. Stat. 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. 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. Rev. 28-1-2(B), (E). Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Me. 149, 1. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. & Empl. 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. tit. Code Ann. 27-4-302(a). Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. 44-1202(e). Codified Laws 20-13-10. Utah Code Ann. Stat. Del. Ann. 1-13-80(A)(1). Cal. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. 613.330(1)(c). This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 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. Stat. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Cal. Ind. Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. Code Ann. Or. Ann. 44-1211(a). Tenn. Code Ann. Ga. Code Ann. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. 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