Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employees unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. D.C. Rev. Conn. Gen. Stat. 613.310-613.435. Code Ann. N.H. Rev. 49.58.100(1)(a)-(b). The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; 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. Executive Directive No. Remedies: An individual may bring a civil action without exhausting administrative remedies. Rev. 34-5-3(a). To choose not to engage in any of these protected concerted activities. Rev. 1-13-80(A)(1). 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. Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. S.C. Code Ann. Mont. See 29 U.S.C. Stat. tit. Tex. Code Ann. 608.010, 608.011 Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. Colo. Rev. Del. Md. Ann. New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. Stat. 60-1.3, 60-1.5(a)(1), (5). Stat. TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. 32-1452(1)-(2). Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. Executive Order No. Workers are often protected when discussing salaries, even if doing so damages morale. La. Law 297(4)(c)(i)-(ii), (vi). W. Va. Code 5-11-3(h); 5-11-9(1). 27-4-303(a). Because the Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. 3-304.1(a)(1). Ark. 19 711(i)(1)-(3). 25, 1301(1)(a)-(b). N.D. 26, 626-A. If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Stat. Cent. 41 C.F.R. Del. 48-1102(2). Ind. 5/2-101(A)(1)(a)-(c). 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. Colo. Rev. Rev. Govt Code 12940(a). Tex. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. 659A.885(1). Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. 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. 378-5(c). Stat. Code Ann. 43 Pa. Cons. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Stat. 495(a)(8)(D). Ann. 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. Rev. N.M. Stat. 43 Pa. Cons. 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. Colo. Rev. Code Ann., State Govt 20-601(c)(1)-(2). Coverage: Applies to all employees and employers, but does not include the District or the federal government. Cal. .manual-search ul.usa-list li {max-width:100%;} Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Coverage: Applies to all employees and employers, including the state. Stat. Stat. An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. Stat. Okla. Stat. Keep Informed 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. Mont. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. 112/10(b-10)(1)-(2). 23:332(A)(3). Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. Code 1171. Fla. Stat. Ann. Stat. 31-71a(1)-(2). Code Ann. Code Ann., Lab. 40.1-28.6. 46a-51(9). 608.17(1). Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Iowa Code 216.6A(2)(a). Lab. Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. 112/30(c). Ky. Rev. Ann. 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. 820 Ill. Comp. 43 Pa. Cons. Or. 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. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. tit. N.M. Stat. Me. N.D. Rev. Code Ann. Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. Applies to all employers, including the state, that employ 3 or more persons. Cent. 44-1002(c). 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. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. 45-19-29(1). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 216(a). Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. 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. 40.1-28.6. Code Ann. tit. Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Del. 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. Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. .usa-footer .container {max-width:1440px!important;} The National Labor Relations Act protects employees' rights to discuss conditions of employment, such as safety and pay even if you're a non-union employer. Code Ann 11-4-611(a), (b)(1)(3). Cal. 3-304(b)(1)(i). 28 R.I. Gen. Laws 28-5-29.1. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. N.H. Rev. 4-21-313(a)(1)-(6), (b). Rev. 16-123-102(6). Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. Utah Code Ann. Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. tit. 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. 3-307(e). .usa-footer .grid-container {padding-left: 30px!important;} 387-1. Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. .h1 {font-family:'Merriweather';font-weight:700;} The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. Ohio Rev. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. For encouraging other employees to exercise their rights to do the same that employ 3 or more persons by employer... 216.6A ( 2 ) ( i ) a lower Court & # ;. 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