can employees discuss wages in georgia
46a-51(9). The National Labor Relations Board has made it clear that this includes the right to discuss wages. Lab. Govt Code Ann. Colo. Rev. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Stat. Code Ann. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. . & Empl. Ann. Any employer who does not pay the wages of his employees in accordance with this law shall be guilty of a misdemeanor for the first offense and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year, and, in the event that any second or subsequent offense occurs within 6 years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year plus one day, or punished by both such fine and imprisonment, for each such offense. N.H. Rev. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Stat. Code Ann., Lab. Minn. Stat. Colo. Rev. OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information Protection: Federal contractors and subcontractors agree to refrain from discharging or otherwise discriminating against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. 48-1223(5). View the full text of protections shown in the map. They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). 149, 1. The law does not apply to individuals employed as domestic servants. Code 34-06.1-05(1). Ann. 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. La. Yes. 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. Stat. 181.172(e). Per the NLRB, pay secrecy policies may violate the law. 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. Cal. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. 34-5-2(4). 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. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Cal. Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. 19 710(6)(a)-(d). tit. La. Cal. Laws 408.481(1). California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. 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. Gen. Laws ch. Mich. Comp. tit. Codified Laws 20-13-1(7), (11). Stat. 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. Although the Act protects union and non-union workers alike, there are limitations. Rev. 34-5-5(a). 1-13-30(d)-(e). Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Stat. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. Stat. 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. 5, 4613(2)(B)(1), (2), (7), and (8). 275:37(I). Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Cal. Ind. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. 760.10(1)(a). 11-4-607(1)(B). Stat. Code Ann., Lab. 40.1-28.6. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Cent. Haw. 275:36. 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. 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. Stat. Stat. Conn. Gen. Stat. Remedies: No specific remedies provision. Rev. 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. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. 34A-5-106(1)(a)(i)(C), (J). Stat. Coverage: Applies to any employer who employs 9 or more employees. Code Ann. Stat. 10:5-12(a). 67-19-3(3), (5), (10). Ind. 49.58.070(1). 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. Rev. 363A.20(1). 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. Mont. 378-1. 181.70. Tex. 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. No, employees are legally protected. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Rev. 2019-10(1). Stat. 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. Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. 112/10(b). 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. They just can enforce it. Md. Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. 46a-86(c). La. Code Ann. 336.2(a)-(b). Del. Code Ann. Rev. Fla. Stat. 16-123-107(c)(1)(A). Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Nev. Rev. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Rev. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. Del. 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. Code Ann. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. 16-123-107(c)(2)(A). Prior salary shall not justify any disparity in compensation. The City of Philadelphia announced Aug. 6 that . On Feb. 6, 2020, the 3rd U.S. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Remedies: An employee may bring a civil action against an employer for a violation of this law; if a court finds that an employer has violated the law, the court may order reinstatement, back pay, and the expungement of any related adverse records of an employee who was the subject of the violation. D.C. Code 2-1401.02(10). 336.3(a). Me. Code tit. Ann. 28 R.I. Gen. Laws 28-5-24(b). Nev. Rev. 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. .manual-search ul.usa-list li {max-width:100%;} 67-5902(6)(a)-(c). 19 709B(h)(1). Rev. Its long been considered taboo to discuss how much youre making with your co-workers. S.C. Code Ann. Rev. Applies to all employers, including the state, that employ 3 or more persons. Rev. Kan. Stat. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. D.C. Code 32-1451(1)-(2). Ann. 337.427(1). Nev. Rev. Idaho Code Ann. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. 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. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Stat. Code 14-02.4-20. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. Lab. Cal. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} tit. La. Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals parents, spouse, or child. 337.423(1). 29 U.S.C. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. Code Ann. Code Ann., Lab. In other words, if you lost wages as a result of getting injured, a single attorney. 3-308(d)(2)(i). Stat. But the truth is, you are allowed to talk about your salary with co-workers, by law. Ann. Del. 775 Ill. Comp. If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. 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. 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