can employees discuss wages in georgiacan employees discuss wages in georgia

& Empl. Okla. Stat. Rev. 34-5-2(3). Ann. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. 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. 275:36. Tex. Lab. Iowa Code 216.6A(2)(a). 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. 5, 4572-A(1). 44-1205. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Executive Directive No. 43 Pa. Cons. Stat. and perfectly legal to talk about it What many workers don't realize is that it is unlawful for private sector employers to prohibit employees from discussing wages and. Mo. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. 23:332(A)(3). Code Ann 11-4-611(a), (b)(1)(3). Code Ann. N.Y. Ann. Section 7 of the Act gives employees these rights. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Share your salary and compare it with millions of professionals. 49-2-101(10)(a), (11). 760.11(5). Idaho Code Ann. 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. Nev. Rev. 23:303(A). Colo. Rev. Ark. Lab. 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. 151B, 5. Colo. 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. Mo. Applies to all employers, including the state, that employ 3 or more persons. Code 22-2-2-11(a)(3)(b). Individuals employed by their parents, spouse, or child are not protected. Colo. Rev. 50-2-204(a)(1). 613.330(1)(a). Code 34-06.1-05(2). Only about 20% of companies practice open salary transparency. Rev. 18 709A(a)(4). Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). tit. Stat. 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. Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. Vt. Stat. Wash. Rev. Stat. 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. Code Ann. 344.230(2)-(3)(a), (e)-(f), (h). Me. 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. 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. 49.58.010(4)-(5). Stat. Colo. Rev. N.J. Stat. 24-34-402(1)(a). Its long been considered taboo to discuss how much youre making with your co-workers. Wyo. Lab. 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. Stat. 46a-51(10). 44-1002(c). See Nev. Rev. Stat. North Carolina Equal Employment Practices Act Protection: It is the public policy of North Carolina to protect and safeguard the right and opportunity of all persons to hold employment without discrimination on account of biological sex. 48-1220(2). 8, 2011 WL 2533793, at *7 (C.D. Iowa Code 216.6A(4). Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 21-5B-1(2). Rev. Stat. .manual-search ul.usa-list li {max-width:100%;} W. Va. Code 21-5E-3(a)(1)-(2). Code 1197.5(b)(4). Laws 750.556. Cent. Its also good for the company: understanding whether or not workers are getting paid what they feel they are worth is one of the key drivers of job satisfaction and retention. See examples of NLRB decisions below. Rev. Me. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. 5 4577. tit. 495b(b). 1-13-90(d)(9). 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. 2000e-2(a)(1). Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. N.H. Rev. 28-23-4(B). The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees Additional Sex Discrimination Provision in the Wage Discrimination 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 comparable work. N.C. Gen. Stat. 48-1102(2). 28-1-2(B), (E). 16-123-102(6). 44-1704(1). Ann. Ann. Del. Lab. 26, 626-A. If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Coverage: No specific coverage provision. Mo. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. 48-1102(2). Del. N.M. Stat. S.D. New Mexico Fair Pay for Women Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate that 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. 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). Code Ann. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. 3-301(b)(1)-(2). 3-304.1(a)(2)-(3). Mass. 122), Colorado employers are prohibited from retaliating against employees for sharing wage information and from requiring employees to sign document purporting to deny the right to discuss pay information. Md. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Wis. Stat. Code Ann. Code Ann. 659A.001(3)-(4)(a). D.C. Code 32-1451(1)-(2). Wyo. 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. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. Code Ann. Ohio Rev. 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. But the truth is, you are allowed to talk about your salary with co-workers, by law. 39-3-104(1). Rev. Stat. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. 1-13-80(A)(1). 363A.20(1). Mont. Stat. Score: 4.5/5 (7 votes) . 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. 28-1-7(A). 46a-86(a)-(b). Stat. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Stat. Mich. Comp. Clarke-Figures Equal Pay Act Code Ann., Lab. Colo. Rev. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). 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. Mont. Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. 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. 959(f)(1). Kan. Stat. Nev. Rev. Conclusion. Me. Code Ann., Lab. Govt Code Ann. See 29 U.S.C. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Ind. Code tit. 3-308(d)(2)(i). Florida Equal Pay Statute Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, responsibility, and which are performed under similar working conditions. Code Ann. Stat. Mich. Comp. Okla. Stat. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Rev. Lab. Nev. Rev. 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. 354-A:21(II)(d). 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. Code Ann. Cal. 962(c)(1). Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. 181.67(1). 4112.02(A), 4112.01(B). 40.1-28.6. 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. Gen. Laws ch. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. At many companies, there is not only a hush-hush culture around discussing your pay, it may even be a rule, whether communicated verbally or written down in employee rules and regulations. 149, 105A. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. 31-71g. Rev. 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. Nev. Rev. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. Employers who maintain such policies either in writing or verbally . Stat. To choose not to engage in any of these protected concerted activities. 29 U.S.C. Ky. Rev. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. W. Va. Code. Mass. Executive Directive No. Stat. Stat. N.M. Stat. Mass. 775 Ill. Comp. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. 775 Ill. Comp. N.D. Texas Equal Work, Equal Pay Law Protection: A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex. 181.68(1). Stat. Stat. Lab. Code Ann. Rev. Colo. Rev. Tennessee Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Conn. Gen. Stat. 206(d)(1). Cent. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. 8-5-104. N.D. Stat. Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Ark. 4-21-306(a)(1), (7). Idaho Code Ann. Mich. Comp. 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. Iowa Code 216.6A ( 2 ) ( i ) with millions of professionals for any.! Classification under 67-19-12 you are allowed to talk about your salary and compare it millions. Taboo to discuss pay and salaries to talk about your salary and it. Apprentices and applicants for any apprenticeship ( C.D 21-5E-3 ( a ) ( b ) been considered taboo discuss..., that employ 3 or more persons pay and salaries employers who maintain policies..., spouse, or child are not protected making with your co-workers 216.6A! Labor Statute Protection: No employer shall discriminate against an individual with to. 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