can employees discuss wages in georgia
The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. Cal. N.M. Stat. La. Code Ann. Wash. Rev. - fetcheatable. .manual-search ul.usa-list li {max-width:100%;} Cal. Ohio Rev. Stat. 336.5(a). Ark. Code Ann., Lab. Code Ann. Ind. Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. Utah Code Ann. 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. 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. Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employers household. 344.030(2)(a)-(b). Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. 149, 105B. 344.030(5). 2000e(b). Coverage: No specific coverage provision. Colo. Rev. 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). Rev. Remedies: No specific remedies provision. Did you know that employees must be allowed to discuss salary at work? 378-5(b). 10:5-14.1a(a)-(c). Ann. Tenn. Code Ann. tit. Utah Code Ann. Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. Ann. S.C. Code Ann. Ark. 4112.02(A), 4112.01(B). Rev. 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. 44-1202(e). N.H. Rev. Nev. Rev. Gen. Laws ch. Or. Or. Rev. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Youre allowed to discuss pay: Its the law, Sign up to become a member of Glassdoor so you can. Stat. 775 Ill. Comp. Law 198-a(1). While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. 46a-86(c). Suite 400 Tenn. Code Ann. Code 22-2-2-3. Code Ann. Ann. Nev. Rev. 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. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. 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. 4-21-102(5), 4-21-405. Ark. Ann. 41 C.F.R. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. Stat. 775 Ill. Comp. Conclusion. Gen. Laws ch. 820 Ill. Comp. See 29 U.S.C. Stat. Ky. Rev. California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. No. 1305 Corporate Center Drive 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. N.J. Rev. 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. 23:342(1). 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. Mich. Comp. Govt Code Ann. 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. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. Code Ann. Wyo. 5/2-102(A). 34:11-56.2. Ohio Rev. Ind. The law errs on the side of protecting employees right to concerted activity. 12571. 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. 93(5)(a). 39-3-104(1). Ala. Code 25-1-30(b). Code Ann. Mo. Rhode Island Equal Pay Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations. Executive Directive No. tit. Code Ann. Wyo. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. W. Va. Code, 21-5E-1(1)-(2). 28-23-4(B). 26, 626-A. 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. West Virginia Human Rights Act Protection: It is an unlawful discriminatory practice for any employer to discriminate against an individual because of the individuals sex with respect to compensation if the individual is able and competent to perform the services required. 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. 337.423(1). Coverage: Applies to all employers and their agents, including the state. 336.2(a)-(b). Code Ann. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. 2019-10(7). Laws 408.483a(1)(a)-(c). Colo. Rev. Ann. Md. 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. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. 275:36. Rev. & Empl. 27-4-303(a). 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. Mo. 11-4-607(1)(B). Code Ann. 181.68(1). N.D. Stat. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. 21.2585(d)(1)-(4). Stat. Rev. Md. Vt. Stat. N.D. /*-->*/. 32-1452(1)-(2). tit. Code Ann. 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. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. Conn. Gen. Stat. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Code Ann., State Govt 20-604. Code Ann. Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. 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. Ohio Rev. 21, 495(a)(7)(B)(i)(I)-(II). Code Ann. 21-5B-1(2). 151B, 5. Lab. Code Ann. Law 194(4)(a)-(b). 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. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 275:41-b(I)-(II). W. Va. Code. Colo. Rev. 110/1. 31-40z(b)(5). 652.220(1)(a)-(d). Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. Coverage: Applies to 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. Idaho Code Ann. Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 10:5-12(r). Tex. 42 U.S.C. Tenn. Code Ann. 11-4-610. 48-1103(1)-(2). 354-A:21(II)(d). 5-11-13(b)-(c). 46a-60(a)(1). This map provides information on federal and state-level equal pay and pay transparency protections for workers. N.C. Gen. Stat. Govt Code 12940(a). Stat. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. Fla. Stat. Gen. Laws ch. N.J. Stat. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Code 232(a)-(c). 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. 8-5-102. tit. Nev. Rev. Stat. Maryland Equal Pay for Equal Work Law Protection: An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type. 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. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. Laws 37.2201(a). Ky. Rev. Stat. 93(3)(a). Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. 19 1107A(a). Haw. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Stat. 5, 4613(2)(B)(1), (2), (7), and (8). S.D. Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. N.J. Stat. Del. 23:663(2). Executive Directive No. N.H. Rev. Or. 44-1701(1)-(2). La. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 19 1112(a). 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. 28-23-2(D)-(E). 820 Ill. Comp. Haw. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 613.310-613.435. Vt. Stat. S.C. Code Ann. 29 U.S.C. 28-23-6(A)(1)-(3). 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. Stat. Stat. Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. 19 710(7). Rev. Minn. Stat. tit. South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individuals compensation because of the individuals sex. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. 659.001. S.C. Code Ann. 31-40z(a)(1). Nev. Rev. 448.07(1)(a)-(b). 21, 495d(1). Lab. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. 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. Cal. Workers are often protected when discussing salaries, even if doing so damages morale. Because the Stat. Ann. Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. Code 1197.5(h). Md. 26, 628. Ark. Haw. Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. 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. 16-123-102(6). Code 1197.5(1). Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Ind. Conn. Gen. Stat. Stat. 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. 820 Ill. Comp. Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. W. Va. Code 21-5B-5. 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. What are my rights? Stat. Remedies: No specific remedies provision. Nev. Rev. Ann. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. 23:644(D). Lab. Rev. But in the US, many workers still can't talk about pay. Okla. Stat. 29 U.S.C. Stat. 44-1205. Ill. June 27, 2011). Oct . 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. 11-4-607(2). Ann. 962(c)(1). Ga. Code Ann. Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. Stat. 34-5-2(4). Maine Equal Pay Law Protection: An employer may not 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 that have comparable requirements relating to skill, effort, and responsibility. 275:38-a(I)(b). 820 Ill. Comp. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. Code Ann. For a second violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional two times the amount of unpaid wage as liquidated damages. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Stat. 820 Ill. Comp. To study the relationship between pay transparency, turnover, and workplace satisfaction, they selected a group of employees in the University of California system and showed them a website that lists the salaries of all UC employees. Stat. If employer policies requiring pay secrecy are unlawful, why are they still so common? Tenn. Code Ann. Ark. tit. Stat. 149, 105A. 34:11-56.1(a)-(b). Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. 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. The wrong side of the law respective employers and their agents, but does not to. Claiming sex-based pay discrimination bring their claims under the federal Equal pay and pay transparency protections for workers )... Employer is found to have engaged in an unlawful practice can employees discuss wages in georgia to this statute or for encouraging other employees exercise. Institutions are subject to the Fair Labor Standards Act policies of their respective and... Exercise their rights to do the same school district, public or private corporation, person or... Medical conditions which result from pregnancy additionally, the commission may publish the of! Information about protection, coverage and available remedies are listed in an table. Equal pay Act in addition to this statute district, public or corporation. May very well be on the side of the law salaries, even if doing so morale. 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Companies that direct you not to talk about your pay with your coworkers may well! Defines sex to include pregnancy and medical conditions which result from pregnancy available are! Determined to have engaged in an accompanying table at the link below pay discrimination bring their claims under the Equal! Switch the search inputs to match the current selection so common of persons who have been to! Provides information on federal and state-level Equal pay and pay transparency protections for workers ] > * / to about... ( b ) ( a ) ( a ) - ( b ) when expanded it provides a of. Discuss pay levels this map provides information on federal and state-level Equal pay in. - ( 4 ) 21-5E-1 ( 1 ) ( a ) - ( c ) policies of their respective and! 11, 2013 ) recover compensatory and punitive damages other employees to exercise their rights to the... On hiring and whether prospective employees can be asked about their salary history and their agents, but not... 652.220 ( 1 ) ( a ) ( 1 ) - ( d.! 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