Cal. Remedies: Any employer who violates the equal pay law is liable to the employee affected in the amount of unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Kan. Stat. 60-1.4(a)(3). 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. 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. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. 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. Ann. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. 3-304.1(a)(2)-(3). Okla. Stat. Rev. Stat. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Ind. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. Minn. Stat. Me. 181.172(e). 67-5902(6). N.D. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 149, 105A. Stat. 42 U.S.C. Nev. Rev. tit. Ann. Stat. 111.39(c). 43 Pa. Cons. Coverage: Applies to all employers and their agents, including the state. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Me. Wash. Rev. 149, 1. 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. tit. 820 Ill. Comp. Rev. 60-1.3, 60-1.5(a)(1), (5). Section 7 of the Act gives employees these rights. Mich. Comp. Stat. N.C. Gen. Stat. Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. Minnesota Equal Pay for Equal Work Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate the employer pays 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. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Stat. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Transparency around salaries can arm marginalised workers and close the wage gap. Why? Tex. 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. D.C. Code 32-1451(1)-(2). D.C. Code 2-1403.13(a)(1)(A),(D)-(F). Gen. Laws ch. 48-1102(2). See Nev. Rev. 21-5B-1(2). 34-5-2(3). Code 14-02.4-20. Ark. Ala. Code 25-1-30(b). Stat. 43 Pa. Cons. Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. Wash. Rev. Del. 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. 5, 4553(4). Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. 112/5. 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. Ann. tit. Wis. Stat. Conclusion. Code 243(a)-(b). 775 Ill. Comp. Code Ann. Ala. Code 25-1-20(2). tit. However, this statute does not apply to employers subject to the Fair Labor Standards Act. Wis. Stat. Colo. Rev. 34:11-56.8. Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offers personal staff. Cent. tit. North Dakota Human Rights Law Protection: It is a discriminatory practice for an employer to accord adverse or unequal treatment to an individual or employee with respect to compensation because of sex. Rev. Kan. Stat. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. 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. 1-888-273-3274. 151B, 5. Code Ann. Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. Tex. Code 1171. Md. tit. Wash. Rev. Kan. Stat. 608.17(1). tit. 378-1. Laws 408.484. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. This map provides information on federal and state-level equal pay and pay transparency protections for workers. 21, 495d(1). Law 197. Haw. Tenn. Code Ann. Code Ann., Lab. Neb. 336.5(a). Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 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. 20-1009(a)(2)(i)-(ii). Stat. Govt Code 12926(d). 652.210(1)-(2). 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. Iowa Code 70A.18. N.Y. Exec. Coverage: Applies to all employees and employers, including the state. tit. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Coverage: Applies to any employer who employs 9 or more employees. Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. Conn. Gen. Stat. 26, 626-A. 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. Mich. Comp. 336.3(a). 203(s)(1). Remedies: Any employer in violation 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 amount of unpaid wages as liquidated damages. Va. Code Ann. Remedies: No specific remedies provision. W. Va. Code 5-11-3(d)-(e). Kan. Stat. 34-5-2(4). Conn. Gen. Stat. Nev. Rev. Rev. 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. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. 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. Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. [CDATA[/* >
