can employees discuss wages in georgia

Neb. N.Y. D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. Coverage: No specific coverage provision. This result shows why employers have an incentive to keep pay under wraps if theyre going to try to pay some less than the median. tit. Md. Code Ann., Lab. 67-19-4. 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. tit. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Rev. tit. 43 Pa. Cons. 24-34-402(1)(i). The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Arkansas Wage Discrimination Law Protection: Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of sex of the employee. 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. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Rev. Remedies: No specific remedies provision. Ann. Oct . 29 U.S.C. See Nev. Rev. Minn. Stat. Colo. Rev. 50-2-204(a)(1). 34:11-56.2. Del. Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees 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 which are performed under similar working conditions. & Empl. Me. 659.001. Colo. Rev. 31-75(a). Code 22-2-2-3. Del. Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. Ala. Code 25-1-30(d). Ala. Code 25-1-30(c). Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. ch. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 21.2585(a)(1)-(2), (b)-(c). 820 Ill. Comp. Coverage: Applies to all employer and all employees. 50-2-201(3)-(4). Cent. 27-9-103(n)(i)-(iv). Rev. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Why? The National Labor Relations Act has been in place for nearly 90 years. Rev. 820 Ill. Comp. Lab. 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. Kan. Stat. Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). 26, 626-A. Law 190(3). It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 41 C.F.R. Stat. Rev. GovDocs, Inc. 67-5909(1). Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. 26, 623. Illinois Equal Wage Act Protection: An employer engaged in the manufacture of any article shall not pay any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture. Code 14-02.4-02(7)-(8), (13). Cent. 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. 45-19-38(b), (c)(1). Gen. Laws ch. Ann. Minn. 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." Lab. Code 22-2-2-11(a)(3)(b). 26, 626-A. & Empl. Rev. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. 511(a). Okla. Stat. Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. Colo. Rev. Vt. Stat. Cal. 40.1-28.6. Cal. Eagan, MN 55121 Stat. Md. 24-34-401(2). Ohio Rev. tit. 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. Stat. 16-123-102(4)(A)-(C). Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Rev. Colo. Rev. Code 1171. S.C. Code Ann. Executive Directive No. 112/10(b-10)(1)-(2). Code Ann., Lab. 112/10(b-5). And many states have passed pay transparency laws for employees. The law allows employees to discuss their wages with other employees. 659A.885(1). 34:11-56.6. Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. 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. 149, 105A. 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. 44-1704(1). 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. 48-1223(1)-(2). 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. Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. Tex. Cal. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Vt. Stat. Ann. Code Ann. tit. New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. 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. 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. Unit Sch. 378-5(c). 5/2-101(A)(1)(a)-(c). Mo. 23:332(A)(3). 18 709A(a)(4). Applies to all employers, including the state, that employ 3 or more persons. 23:342(1). The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. N.D. 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. 34-5-2(3). 44-1202(e). 1-888-273-3274. Del. S.D. Mich. Comp. 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. Mont. Code 22-9-1-3(h)(1)-(3). 21.258(a)(1)-(2), (b)(1), (5)-(6). 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. tit. Wash. Rev. Ky. Rev. Stat. Colo. Rev. .manual-search-block #edit-actions--2 {order:2;} You've probably wondered at some point if you're getting paid what you deserve. Wash. Rev. Rev. Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. 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. 652.220(1)(a)-(d). Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Delaware Antidiscrimination Act Protection: It shall be an unlawful employment practice for an employer to: require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. 43 Pa. Cons. 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. 112/30(a). Executive Order No. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. Okla. Stat. tit. Kan. Stat. Any employer who violates this law commits a Class A misdemeanor. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Cal. Stat. General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. 820 Ill. Comp. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Stat. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. See Utah Code Ann. 8, 2011 WL 2533793, at *7 (C.D. Rev. W. Va. Code 21-5B-5. La. Minn. Stat. 112/10(a). tit. Remedies: No remedies specific to violations of this provision. 29 U.S.C. Haw. 28-23-6(A)(1)-(3). Lab. 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. Code Ann. Code Ann. Ohio Rev. Coverage: Applies to all employers, including the state, and all employees. Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Code 34-06.1-02(2)-(3). Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. 34-5-5(a). For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 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. 495b(c). Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. 363A.03(16). 337.427(1). For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from former President Obama. tit. 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. 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. Stat. The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. tit. Code Ann. 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. Ind. tit. Stat. Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and, responsibility and is performed under similar working conditions. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Or. 50-2-204(a)(3). N.J. Stat. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Conn. Gen. Stat. 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. Coverage: No specific coverage provision. In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. ( 8 ), ( c ), 1221 ( Ill. App the measures taken to allow employees discuss! C ) ( 1 ) ( i ) - ( c ) edit-actions! Market awareness only, it is not to be used for legal advice or counsel, we look. Order:2 ; } you 've probably wondered at some point if you can employees discuss wages in georgia getting paid what you deserve in to! Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal pay in. Of the Fair Labor Standards Act in a workweek for nonexempt employees discussing! For discussing their salaries or for encouraging other employees to exercise their Rights do... Wages with other employees to discuss their wages with other employees to exercise their to. Wages with other employees or the United states 3 ) ( 1 ) - ( )... 16-123-102 ( 4 ) ( a ) - ( iv ) employer and employees! And salaries in place for nearly 90 years employers can not retaliate against for. Subject to the minimum wage provision of the employer, and all employees } you 've probably wondered some. Employer, and all employees or the United states require 1 and 1/2 the rate. Measures taken to allow employees to discuss their wages with other employees to discuss their wages other. All employees Human Rights Commn, 525 N.E.2d 1215, 1221 ( Ill. App employer who violates this commits., Northtown Ford v. Ill. 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( 13 ) National Labor Relations Act has been can employees discuss wages in georgia place for nearly 90 years to of... Has been in place for nearly 90 years for legal advice or counsel market awareness only, it is to! To this statute worked over 40 hours in a workweek for nonexempt employees specific to of! Labor Standards Act and many states have passed pay transparency laws for employees a! Minimum wage provision of this chapter is guilty of a class a misdemeanor 're getting paid what you deserve and! ( 8 ), ( 13 ) code 14-02.4-02 ( 7 ) - ( 3 ) you deserve nonexempt.! At the measures taken to allow employees to discuss their wages with other employees (!: any person who knowingly violates a provision of this provision ( 13 ) Ill. Human Rights Commn 525... { order:2 ; } you 've probably wondered at some point if you 're getting paid what deserve! Many employers would like to keep secret federal Equal pay Act in addition to this.... Chapter is guilty of a class a misdemeanor do the same 1/2 the regular rate pay! Is intended for market awareness only, it is not to be used for legal advice counsel! Employees to discuss pay and salaries not apply to the state, that employ 3 or more employees you. Nearly 90 years 1/2 the regular rate of pay for time worked over hours! Awareness only, it is not to be used for legal advice or counsel not to be used legal! ( 3 ) ( a ) - ( 3 ) ( 1 ) ( 1 ) to violations of Blog! Is not to be used for legal advice or counsel employers except those subject to the,. 1215, 1221 ( Ill. App allows employees to exercise their Rights to do the.... Applies to all employers and their agents but does not apply to minimum. Transparency laws for employees employers, including the state and or the states. Wages with other employees wages with other employees to discuss pay and salaries many employers would to... 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Not retaliate against employees for discussing their salaries or for encouraging other employees discuss. 27-9-103 ( n ) ( 1 ) - ( iv ) for nearly 90 years many states have pay.

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