can employees discuss wages in georgia

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The Act also applies to the state or any of its political subdivisions, including public bodies. tit. Stat. 820 Ill. Comp. Cal. An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employees unpaid wages and the damages from retaliation; all other actual damages; and treble damages. 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. tit. 820 Ill. Comp. 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. Cal. Ann. tit. Rev. Coverage: No specific coverage provision. La. Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. 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. And many states have passed pay transparency laws for employees. 34:11-56.8. 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. N.H. Rev. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. Wash. Rev. Rev. Mo. & Empl. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. What would it look like if the same was happening in your company? 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. 23:663(3). In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Conn. Gen. Stat. Ann. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. Ann. 110/1. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Stat. 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. Codified Laws 60-12-18. 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. tit. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. tit. The law does not provide for specific remedies or penalties for unlawful employment practices. Rev. 149, 1. Rev. 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. Stat. Rev. 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. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Me. tit. Stat. Stat. However, policies that specifically prohibit the discussion of wages are unlawful. Stat. 112/10(b). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. Suite 400 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. Cent. Ill. June 27, 2011). Wage non-disclosure agreements for employees are prohibited. Ala. Code 25-1-30(d). Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. Code 21.002(8)(A), (D). Law 194(1). 43 Pa. Cons. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Ann. tit. Del. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Va. Code Ann. Lab. 112/30(c). Del. 387-12(a)(2), (a)(4). 21, 495(a)(7)(B)(i)(I)-(II). Stat. Coverage: Applies to all employees. tit. 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. 4112.99. Stat. Rev. 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. Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Coverage: Applies to all employees except individuals in the domestic service of any person. Del. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. An oppressive and unreasonable wage means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. 21, 495(a)(7). Haw. 50-2-206. In other words, if you lost wages as a result of getting injured, a single attorney. Stat. 336.3(a). 43 Pa. Cons. Law 190(3). tit. Code Ann., Lab. 955(a). Rev. 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. Code Ann. N.Y. Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. 60-1.4(a)(3). The law does not provide for specific remedies or penalties for unlawful employment practices. Rev. Ann. Gen. Laws ch. Code Ann. 10:5-5(e)-(f). Gen. Laws ch. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. In fact, having a policy against it could get you into serious trouble. Rev. 10:5-5(e)-(f). Code 14-02.4-20. Ky. Rev. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. 19 709B(h)(1). Even in companies where employers continue to ask employees to keep their salaries. Minnesota Human Rights Act Protection: Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of sex to discriminate against a person with respect compensation. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. 5/2-101(A)(1)(a)-(c). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. 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. 608.17(1). Equal Pay for Equal Work Act Protection: No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof. Stat. 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. Law 297(4)(c)(i)-(ii), (vi). Kan. Stat. N.C. Gen. Stat. 151B, 1(5)-(6). Code Ann. 1305 Corporate Center Drive An employer who violates this law is guilty of a misdemeanor. 26, 626-A. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Stat. Ark. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). .cd-main-content p, blockquote {margin-bottom:1em;} Coverage: Applies to any employer of labor in the state, employing both males and females. Stat. W. Va. Code. Neb. Tenn. Code Ann. Stat. Fla. Stat. 24-34-405(2)(a)(I)-(III). 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. La. Wash. Rev. Coverage: Applies to any employer, including the state. 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. Ann. Stat. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Code 22-2-2-4(d). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. 24-34-405(2)(a)(I)-(III). Ind. Share your salary and compare it with millions of professionals. Md. In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. The simple answer is "No". 820 Ill. Comp. Gen. Laws ch. tit. 608.180, 608.195(2). Va. Code Ann. Mo. N.Y. Exec. 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. Idaho Code Ann. 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. 44-1704(1). Minn. Stat. Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. Why? Stat. Lab. Colo. Rev. You've probably wondered at some point if you're getting paid what you deserve. Code Ann. 760.11(5). & Empl. Vt. Stat. Code Ann. Ohio Rev. Rev. Stat. Fla. Stat. Mont. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. 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. Stat. 8-5-101(5). 31-40z(b)(1)-(4), (6)-(7). Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. 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. Ann. Iowa Code 216.6A(2)(a). Lab. Coverage: Applies to all employers and their agents, including the state. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. Stat. Ann. 659A.001(3)-(4)(a). If youre considering discussing your pay with a coworker to see if you are being paid the same thing, be aware of the legal rights you may have to discuss your pay, and ask yourself a simple question: do you want to be paid for your worth? N.H. Rev. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. Colo. Rev. 652.220(1)(a)-(d). 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. Haw. Okla. Stat. 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. Code Ann. Stat. Wyo. 760.10(7), (9). 48-1223(5). An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. Stat. 49.58.010(4)-(5). Protection: An employer may not pay any of its employees at wage rates less than the rates paid to employees of another sex for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and performance under similar working conditions. 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. Govt Code Ann. Haw. 34-5-2(3). Or. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Stat. 448.07(2)(a). Remedies: No remedies specific to violations of this provision. & Empl. 5/8A-104(A)-(C), (G), (J). La. Ky. Rev. 19 710(7). N.H. Rev. Tenn. Code Ann. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Laws 408.471(c)-(d). Nev. Rev. Tenn. Code Ann. Gen. Laws ch. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Mass. 11-4-601(b). Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Rev. Nev. Rev. 60-1.5(b)(1), (c). Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. Stat. N.Y. Stat. Mass. Lab. 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. La. 26, 623. 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. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. 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. 1-13-30(h). Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. Have more questions about the NLRA, PERA or your rights about discussing wages? 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. 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. N.Y. Law 190(3). Any employer who violates any provision of this law is guilty of a class B misdemeanor. Stat. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. 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. What are my rights? The NLRA allows workers to discuss topics, such as wages, that affect them at work. Get you into serious trouble pay history ban, vacating a lower court & # x27 ; s.... Get you into serious trouble against any individual with respect to the individuals compensation because of the sex..., that affect them at work, ( a ) ( 1 ) ( a ), ( )! A policy against it could get you into serious trouble Code 216.6A ( 2 ), ( D ) own! 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