W. Va. Code 5-11-3(d)-(e). Ark. tit. 290.410. Code 22-2-2-3. 448.07(2)(a). N.H. Rev. Ann. 27-4-302(a). Yes, it's O.K. 19 710(6)(a)-(d). N.H. Rev. Rev. S.D. Is it Illegal to Discuss Wages? Colo. Rev. No, employees are legally protected. It can be difficult to challenge a culture or rule at work. Cal. Ann. Vt. Stat. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." Va. Code Ann. 181.66(3). 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. 3-304.1(a)(1). 11-4-608. Code Ann. Mich. Comp. Code Ann. However, policies that specifically prohibit the discussion of wages are unlawful. Mo. 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. 820 Ill. Comp. 354-A:7(I), 345-A:7(VI)(a). Cal. Ann. 48-1221(1). Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Additionally, a court may order other affirmative action as appropriate. Stat. 290.400(2), (4). 27-4-303(a). 8-5-103. Neb. Iowa Code 216.6A(2)(a). 820 Ill. Comp. See 29 U.S.C. 50-2-204(b). 34-5-2(4). Code 22-9-1-6(j)(1)-(3). 50-2-204(a)(3). with GovDocs Employment Law News. 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. Stat. The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. 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. 48-1223(1)-(2). 11-4-607(1)(B). 12571. Code Ann. D.C. Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Stat. Tex. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Code Ann 11-4-611(a), (b)(1)(3). Code Ann., Lab. Haw. Ky. Rev. Laws 37.2202(3). 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). Stat. Ann. Ga. Code Ann. Stat. 820 Ill. Comp. Additionally, the employer may also be liable to the employee for punitive damages. Haw. Ann. Ann. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. 4112.02(A), 4112.01(B). Stat. Ind. Vt. Stat. 659A.355(1)(a). Kan. Stat. 49.58.100(1)(a)-(b). Rev. Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. 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. Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. Stat. Ark. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. N.D. & Empl. 24-34-402(1)(i). Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. Stat. Mass. Nev. Rev. & Empl. A civil penalty claim may be filed in any court of competent jurisdiction. Code 14-02.4-02(7)-(8), (13). 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. 151B, 1(5)-(6). Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. 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). Lab. Del. 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. Iowa Code 216.15(9)(a)(1), (6)-(8). Ann. Lab. But in the US, many workers still can't talk about pay. Before sharing sensitive information, make sure youre on a federal government site. N.H. Rev. Ga. Code Ann. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. 31-71a(1)-(2). Lab. 48-1114(1)(d). Stat. Code 200. Coverage: Applies to all employer and all employees. .manual-search ul.usa-list li {max-width:100%;} 23:303(A). 820 Ill. Comp. 275:40. .manual-search ul.usa-list li {max-width:100%;} Stat. Eagan, MN 55121 Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 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. 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. 275:36. Or. 5, 4613(2)(B)(1), (2), (7), and (8). Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Stat. Rev. 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. 775 Ill. Comp. Stat. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Mo. 495b(b). Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. 3-307(e). Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. 46a-86(a)-(b). employer fring an employee because she discussed her salary with another employee. California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. In other words, if you lost wages as a result of getting injured, a single attorney. 8-5-101(5). Mo. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. 60-1.4(a)(3). 760.11(5). 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. 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. 48-1220(2). 28 R.I. Gen. Laws 28-6-17(b)-(c). Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. Idaho Code Ann. Stat. Colo. Rev. La. 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