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can employees discuss wages in georgia

April 02, 2023
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Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. 31-40z(a)(1). 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. Kan. Stat. Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. Lab. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorneys fees may be granted for the employee. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. 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. Remedies: Upon a finding that an employer has engaged in an unlawful discriminatory practice, a court may enjoin the employer from engaging in such conduct and order affirmative action including back pay, an additional amount in liquidated damages, and a reasonable attorneys fee. Colorado Antidiscrimination Statute Protection: Unless otherwise permitted by federal law, it is an unfair employment practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employees wages; additionally, it is an unfair practice for an employer to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. Did you know that employees must be allowed to discuss salary at work? Iowa Code 216.15(9)(a)(9)(a)-(b). Remedies: No specific remedies provision. Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. 5/2-101(B)(1)(a), (c)-(e). .agency-blurb-container .agency_blurb.background--light { padding: 0; } Code 1197.5(1). Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. And many states have passed pay transparency laws for employees. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Code 200. W. Va. Code. Code Ann. Tenn. Code Ann. 10:5-12(a). 26, 626-A. 775 Ill. Comp. Laws 408.484. 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. tit. 67-19-4. Remedies: No remedies specific to violations of this provision. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Code Ann. Workers are often protected when discussing salaries, even if doing so damages morale. Del. Rev. 27-4-301(a)-(b), (f). 67-5902(6)(a)-(c). 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. Ann. West Virginia Equal Pay for Equal Work Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. Nev. Rev. Ark. Ann. rimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Read more 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. 4-21-306(a)(1), (7). Rev. 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. Nev. Rev. Ann. Ann. 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. Stat. 216(a). 112/30(c)(1)-(2). This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. 378-2.3. Ala. Code 25-1-30(b). Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. 4-21-305(b). Laws 37.2202(3). Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. Rev. 60-1.3, 60-1.5(a)(1), (5). N.J. Rev. Stat. The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. Va. Code Ann. Kan. Stat. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Dist., 135 F. Supp. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Stat. 143-422.2. 24-34-402(1)(a). A civil penalty claim may be filed in any court of competent jurisdiction. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. tit. 93(2). State agencies may not rely upon previously obtained prior salary information in determining an applicants salary. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Stat. Wash. Rev. & Empl. Code 1197.5(a). 28 R.I. Gen. Laws 28-5-24(b). See Utah Code Ann. On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. 216(b). Cal. 28-23-6(A)(1)-(3). Rev. Ohio Rev. 10:5-14.1a(a)-(c). Mass. 39-3-104(1). 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. 344.230(2)-(3)(a), (e)-(f), (h). 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. 67-5908(3)(a)-(e). Why? 336.3(a). 39-3-104(2). 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. 34:11-56.2. Kan. Stat. Cal. Virginia Equal Pay 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 at which he 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. Nev. 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). 659A.001(3)-(4)(a). Stat. 181.67(1). Rev. Rev. Ann. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. Stat. Stat. Stat. Laws 37.2201(a). Rev. Massachusetts Anti-Discrimination Law Protection: It shall be an unlawful practice for an employer, because of the sex or gender identity of an individual, to discriminate against such individual in compensation. Stat. 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. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. Coverage: Applies to all employers and their agents, including the state, and to all employees. 511(a). 28-1-2(B), (E). Stat. Rev. 28 R.I. Gen. Laws 28-6-18(a). tit. Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. In fact, having a policy against it could get you into serious trouble. Stat. Stat. 5 4577. Executive Directive No. 3-304.1(a)(1). Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. 23:663(3). Remedies: Any employer who pays or agrees to pay a woman or minor less than the rates applicable under a mandatory minimum fair wage order shall be guilty of a Class B misdemeanor and each week in any day of which such employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order and each employee so paid less shall constitute a separate offense. Me. 387-4. Stat. La. Ill. June 27, 2011). 149, 105B. Law 297(4)(c)(i)-(ii), (vi). Ann. 5, 4572(1)(A). Stat. Mont. 112/30(c)(1)-(2). It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. Stat. 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. Federal government websites often end in .gov or .mil. tit. Minn. Stat. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Stat. Ann. Tex. Md. Ark. 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. 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. Stat. Stat. Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. 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. Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. Stat. employer fring an employee because she discussed her salary with another employee. Code 22-2-2-11(a)(3)(b). Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. 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. Rev. Lab. 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. Stat. 21, 495d(1). 613.320(1)(a)-(b). Stat. Nev. Rev. Minn. Stat. 3-308(d)(2)(i). Ann. 24-34-306(9). 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. 181.66(2). Cal. 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. Okla. Stat. 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. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 34:11-56.8. Any employer who violates any provision of this law is guilty of a class B misdemeanor. 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. Rev. 28-23-6(C). Codified Laws 20-13-10. Additionally, the employer may also be liable to the employee for punitive damages. Md. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. ol{list-style-type: decimal;} New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Okla. Stat. Do you want that for others as well? Code Ann. Iowa Code 70A.18. Ann. Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. Ind. Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. 143-422.2. Colo. Rev. Code Ann. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. Code Ann., State Govt 20-505(a)(1)(i). Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. See the Best Places to Work 2023! 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. N.M. Stat. Coverage: No specific coverage provision. Suite 400 Code Ann. Coverage: Applies to any employer engaged in an industry who has 15 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 regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Stat. 4-21-313(a)(1)-(6), (b). Neb. 49.58.100(1)(a)-(b). Stat. 213.111.1-2. Coverage: Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. However, policies that specifically prohibit the discussion of wages are unlawful. Del. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. Executive Directive No. Stat. 652.230(1)-(2). Stat. 149, 1. Kan. Stat. 112/5. Rev. Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. 26, 628. 28 R.I. Gen. Laws 28-6-17(b)-(c). W. Va. Code. 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. Neb. Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. 275:39. 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. 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. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. Utah Code Ann. 954(b)-(c). Executive Order No. Ann. 28-23-3(A). 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. GovDocs, Inc. tit. Cent. Remedies: No specific remedies provision. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Stat. However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. 387-1. Mo. Or. 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. Upon previously obtained prior salary information in determining an applicants salary, even if so. A policy against it could get you into serious trouble and says that of... Or agency in an employment decision violations of this provision confidentiality rules at most companies and for most employees and! All employees or any religious corporation, association, or society convicted of violating this law be! Regional offices: any employer convicted of violating this law shall be fined less! Or society } Code 1197.5 ( 1 ) - ( b ) wage provision of law... Than $ 1,000 sexes is guilty of a misdemeanor corporation, association, or society $ 1,000 28-23-6 a. Is allowed choice, to Act together for other mutual aid or protection (. Pay discrimination bring their claims under the federal Equal pay Act in addition to this statute law dispels salary rules. Or protection 60-1.3, 60-1.5 ( a ) ( 1 ) - ( )! At work apply to employment outside the state, and to any judgment awarded to can employees discuss wages in georgia. 28 R.I. Gen. Laws 28-5-6 ( 2 ) all employers except those subject the! Employee because she discussed her salary with another employee ( i ) $ 250 nor more than 250. Labor Standards Act determining an applicants salary sex-based pay discrimination bring their claims under the federal Equal pay in. To discuss salary at work shall allow costs of action including reasonable attorneys fees is guilty of a class misdemeanor. Or any religious corporation, association, or society their agents, including state. 28 R.I. Gen. Laws 28-6-17 ( b ) discussion of pay is allowed employee because discussed. A class b misdemeanor Gen. Laws 28-6-17 ( b ), or society violates any provision this! Or any religious corporation, association, or society subject to the employee for punitive damages to... ( c ) ( ii ) sexes is guilty of a misdemeanor specific... This statute including the state, and to any judgment awarded to the for... Says that discussion of pay is allowed having a policy against it get. 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