can employees discuss wages in georgia22 Apr can employees discuss wages in georgia

Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. 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. Ann. Ann. 112/10(b-5). Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individuals compensation because of such individuals sex. Or. Ind. Rev. Colo. Rev. tit. 613.405, 613.420. Any employer who violates this law commits a Class A misdemeanor. .cd-main-content p, blockquote {margin-bottom:1em;} Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Provisions were found to be unlawful when they interfered with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers. Coverage: Applies to any employer who employs 9 or more employees. 495(a)(8)(D). 23:663(2). Md. Md. Tenn. Code Ann. Code 22-2-2-3. Wage non-disclosure agreements for employees are prohibited. Conn. Gen. Stat. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Colo. Rev. Del. Stat. Coverage: Applies to all persons acting in the interest of an employer. This blog was originally published in April 2014. 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. 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. Kan. Stat. Stat. Wyo. N.Y. Mich. Comp. Colo. Rev. N.Y. An official website of the United States government. 19 709B(h)(1). Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Code Ann. N.H. Rev. Code Ann., Lab. Code Ann. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Lab. For a third 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 three times the amount of unpaid wages as liquidated damages. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. 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. 448.07(4). Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. Rev. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Rev. 5/8A-104(A)-(C), (G), (J). 16-123-107(c)(1)(A). Rev. Tex. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Stat. N.J. Stat. 31-40z(b)(5). 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. Del. 50-2-204(b). 112/5. Kan. Stat. Wyo. 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. Stat. 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. Coverage: No specific coverage provision. 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. 336.3(a). An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Stat. 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. 28 R.I. Gen. Laws 28-6-20. 387-12(d)(1). 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. 23:663(3). Ind. Stat. Coverage: Applies to all employers but does not apply to governmental agencies. tit. Ann. Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. 11-4-601(a). Laws 408.484. Code Ann., Lab. Conn. Gen. Stat. Or. Stat. 48-1114(1)(d). Lab. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. Me. 34-5-2(4). Code Ann. 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. Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. Code Ann., Lab. 4-21-306(a)(1), (7). Stat. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Ann. 49.58.010(5). The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. .manual-search ul.usa-list li {max-width:100%;} Gen. Laws ch. It shall be unlawful discrimination in employment for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. Code 1197.5(c). When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. Lab. Cal. Rhode Island Fair Employment Practices Act Protection: It is unlawful for any employer, because of an employees sex (including pregnancy), gender identity, or gender expression, to discriminate against him or her with respect to hire, compensation. 44-1205. Stat. 3-301(b)(1)-(2). Lab. W. Va. Code 5-11-10. Colo. Rev. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. 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. Mo. 378-1. Wash. Rev. Code 200. 4-21-102(5), 4-21-405. Ann. Ark. 19 710(7). 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. Me. 34A-5-107(10). & Empl. Stat. .manual-search-block #edit-actions--2 {order:2;} Code Ann. 613.405, 613.420. Laws 408.481(1). 8-5-101(5). In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Stat. ch. 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. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Law 198(1-a). 48-1104(1). Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Minn. Stat. 67-19-12(a), (b), (g). Neb. Code 1197.5(b)(4). New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. 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. 48-1220(2). Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Stat. See 29 U.S.C. Coverage: Applies to all employees and employers, including the state. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Code Ann. tit. Utah Code Ann. Del. 67-19-29. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Ann. 28 R.I. Gen. Laws 28-6-17(b)-(c). Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. 23:644(D). Ann. Executive Directive No. 775 Ill. Comp. 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. 354-A:7(I), 345-A:7(VI)(a). N.H. Rev. tit. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. N.D. 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. 3-304.1(a)(2)-(3). Remedies: No remedies specific to violations of this provision. 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. Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. Rev. Codified Laws 20-13-42. Coverage: Applies to all employees and employers, including agents of employers. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Stat. 50-2-204(a)(2). 28-23-6(A)(1)-(3). GovDocs, Inc. 23:303(A). Rev. Mich. Comp. Ky. Rev. Colo. Rev. Coverage: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employers family are not considered employees. Stat. 60-1.4(a)(3). See examples of NLRB decisions below. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 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. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Stat. 820 Ill. Comp. Because the 60-1.26(a)(2), (b)(1); 60-1.27. Rev. 19 1113(a), (c). Executive Order No. Cal. 5 4577. 613.320(1)(a)-(b). Del. Iowa Code 70A.18. Laws 750.556. Cal. 42 U.S.C. Ann. Coverage: No specific coverage provision. Unit Sch. 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. Laws 37.2202(1)(a). 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. Idaho Code Ann. Codified Laws 60-12-18. 23:664(A). Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Va. Code Ann. Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? 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. Massachusetts Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any person in his employ salary or wage rates less than the rates paid to employees of the opposite sex for work of like or comparable character or work on like or comparable operations. Code Ann. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. 652.210(1)-(2). Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. 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. Minn. Stat. N.D. 112/30(c)(1)-(2). 820 Ill. Comp. Code Ann. Lab. The National Labor Relations Act has been in place for nearly 90 years. tit. Stat. Code Ann. 203(d), 206(a), 262(a). Rev. Cal. Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of any other employee. If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. Tenn. Code Ann. 28 R.I. Gen. Laws 28-5-24(b). Code Ann. Fla. Stat. 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. .manual-search ul.usa-list li {max-width:100%;} 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. Code Ann. Haw. Rev. N.Y. Ala. Code 25-1-30(c). Applies to all employers, including the state, that employ 3 or more persons. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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. Stat. Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. Stat. Wash. Rev. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). 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. 820 Ill. Comp. 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. Ga. Code Ann. Rev. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. tit. N.J. Rev. 23:302(2)(a)-(b). Code Ann. 112/30(c). @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Lab. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. N.Y. Exec. 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. Minn. Stat. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Or. 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.

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