tit. 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. Iowa Code 70A.18. 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. Ark. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; 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. Ga. Code Ann. Idaho Code Ann. 11-4-607(2). 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. Ann. Code Ann., Lab. Ark. Why? Idaho Code Ann. N.J. Stat. Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employees unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. 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. tit. Colo. Rev. 44-1210(a). Ala. Code 25-1-30(b). Stat. 820 Ill. Comp. 12571. 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. 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. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. 4112.02(A), 4112.01(B). W. Va. Code 21-5E-3(a)(1)-(2). Me. 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. 363A.20(1). 39-3-104(1). Minn. Stat. Ala. Code 25-1-30(d). N.Y. Code Ann. Section 7 of the Act gives employees these rights. Stat. Cal. 112/10(b-10)(1)-(2). 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. 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. Ohio Rev. Executive Directive No. Fla. Stat. Code 1197.5(a). Coverage: Applies to any employer of 6 or more persons in the state. 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. Employers legally may not discipline or terminate employees for discussing their pay at work. Yes. tit. Me. Coverage: No specific coverage provision. 775 Ill. Comp. 23:342(1). Tex. Colo. Rev. Colo. Rev. 21-5B-1(2). 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. Md. Ind. 10:5-14.1a(a)-(c). 344.030(2)(a)-(b). In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Me. 24-34-306(9). /*-->*/. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. 28-23-6(A)(1)-(3). Ann. Wash. Rev. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Lab. Stat. 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. Tex. The Act also applies to any organizational unit of the state. Minn. Stat. Lab. 112/30(c). Rev. 336.2(a)-(b). 378-1. Lab. 5, 4553(3). 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. 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. 28 R.I. Gen. Laws 28-6-21. Rev. Wis. Stat. Cal. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Equal Pay 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 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. Stat. Rev. 495(a)(8)(D). 24-34-306(9). Stat. The company is headquartered in St. Paul, Minn. 820 Ill. Comp. Nev. Rev. Ann. Ark. Mass. 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. 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. Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. Stat. Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. Stat. Rev. Did you know that employees must be allowed to discuss salary at work? 67-19-29. Vt. Stat. 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. 216(b). The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. 49.58.040(1)(a)-(b). Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. Neb. tit. Stat. 652.210(1). 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. Stat. Ann. 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. Stat. Va. Code Ann. 40, 198.2. Stat. 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. Ann. 149, 105B. Del. Stat. 5/2-101(B)(2). 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. Although the Act protects union and non-union workers alike, there are limitations. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. Ann. Code Ann. 3-308(d)(2)(i). 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. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. See 29 U.S.C. Lab. 3-304.1(a)(2)-(3). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Here are some examples from the past three decades of NLRB decisions. Or. 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. Stat. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages.