can employees discuss wages in georgia

Code 22-9-1-3(l)(1), (q)(2). 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. 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. The company is headquartered in St. Paul, Minn. 26, 623. tit. Nev. Rev. Delaware Antidiscrimination Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex, including pregnancy, or gender identity. 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. 60-1.3, 60-1.5(a)(1), (5). Although the Act protects union and non-union workers alike, there are limitations. Nev. Rev. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Neb. Executive Directive No. Rev. 378-5(c). Cal. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. D.C. Rev. Code Ann., Lab. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). N.C. Gen. Stat. 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. 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. N.H. Rev. Lab. Mass. Lab. The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. 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. Rev. Minn. Stat. The court may also allow the prevailing party a reasonable attorneys fee. The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. Rev. West Virginia Human Rights Act Protection: It is an unlawful discriminatory practice for any employer to discriminate against an individual because of the individuals sex with respect to compensation if the individual is able and competent to perform the services required. 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. 354-A:2(VI)-(VII). A Georgia attorney could advise best, but your question remains open for three weeks. Before sharing sensitive information, make sure youre on a federal government site. 1-13-90(d)(9). N.D. 344.230(2)-(3)(a), (e)-(f), (h). Here are some examples from the past three decades of NLRB decisions. What would it look like if the same was happening in your company? Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Stat. Laws 37.2201(a). 19 711(a)(1). Mich. Comp. Code 49.60.180(3). Stat. 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. 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. Colo. Rev. Stat. Wyo. 143-422.2. Executive Order No. 44-1202(d). Rev. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. Md. 378-2.3. In fact, having a policy against it could get you into serious trouble. 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. Code Ann. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. .manual-search-block #edit-actions--2 {order:2;} Stat. 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. Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. 49-2-303(1)(a). Section 7 of the Act gives employees these rights. Rev. Tenn. Code Ann. 820 Ill. Comp. 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. Ga. Code Ann. Stat. 28 R.I. Gen. Laws 28-5-24(b). 44-1702(1). 143-422.2. tit. Rev. Del. Law 292(5)-(6). Ind. tit. Cent. 93(3)(a). La. Ann. Stat. Ky. Rev. Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. 820 Ill. Comp. 40.1-28.6. Code Ann., Lab. Ark. tit. Nev. Rev. Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 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. Neb. Stat. 28-23-6(C). Stat. Stat. Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. Conn. Gen. Stat. Code Ann. Read more Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. 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. 21-5E-4(a). Stat. Remedies: The Executive Order does not create a private right of action. Md. D.C. Code 2-1401.02(10). But know that if you create a similar policy, you can't enforce it. Wyo. New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. Stat. 42 U.S.C. 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. 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. 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. 12571. 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. However, this statute does not apply to employers subject to the Fair Labor Standards Act. Code Ann 11-4-611(a), (b)(1)(3). Stat. Ann. Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. N.D. Or. Stat. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. Wash. Rev. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Haw. tit. Rev. tit. Neb. Ind. Kan. Stat. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Stat. Stat. Cent. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. 44-1211(a). 2000e-2(a)(1). Okla. Stat. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. 659A.355(1)(a). @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 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. 181.172(e). & Empl. 67-5909(1). Ind. 21.258(a)(1)-(2), (b)(1), (5)-(6). 495b(b). Stat. 5, 4613(2)(B)(1), (2), (7), and (8). .manual-search ul.usa-list li {max-width:100%;} 203(s)(1). Rev. N.J. Stat. Stat. 49.58.070(1). Code 1197.5(k)(1). La. 111.32(5)-(6)(a)-(b). 290.410. See 29 U.S.C. Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. & Empl. 24-34-405(3)(a). Clarke-Figures Equal Pay Act 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). In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. W. Va. Code, 21-5E-1(1)-(2). Coverage: Applies to all employees and employers, including agents of employers. tit. 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. The Act also applies to any organizational unit of the state. Stat. 760.11(5). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. 4112.02(A), 4112.01(B). 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. 23:342(1). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. 28 R.I. Gen. Laws 28-6-21. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. 122), Colorado employers are prohibited from retaliating against employees for sharing wage information and from requiring employees to sign document purporting to deny the right to discuss pay information. 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. Laws 750.556. Lab. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. Code 1197.5(h). Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. Idaho Code Ann. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. 19 710(7). 2000e-5(e)(1), (f)(1), (g)(1). Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. La. S.D. Rev. 203(d), 206(a), 262(a). The Fair Labor Standards Act does not require extra pay for weekend or night work. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. 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. Stat. Code 200. There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. 28-23-2(D)-(E). Executive Directive No. Rev. Coverage: Applies to employers that regularly employer 15 or more employees. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Code Ann., Lab. 44-1704(1). 44-1005(k). Stat. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 11-4-601(b). The simple answer is "No". Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. 760.10(7), (9). Mass. 3-307(a)(1). 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. tit. Law 197. Gen. Laws ch. Code Ann. 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. Dist., 135 F. Supp. Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Stat. La. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Tenn. Code Ann. Massachusetts Equal Pay Law 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 information about either the employees own wages, or about any other employees wages. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. 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. Minn. Stat. Kan. Stat. Rev. Rev. Conn. Gen. Stat. Rev. 820 Ill. Comp. Ark. Va. Code Ann. No. Stat. Lab. Nev. Rev. 27-4-303(a). 23:302(2)(a)-(b). 27-4-301(a)-(b), (f). Vt. Stat. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. Stat. Haw. See federal law summary. Laws 750.556. Stat. tit. Rev. The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. Me. 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. N.H. Rev. 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. 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. 1-888-273-3274. 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). Ann. Govt Code 12926(d). Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. 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. /*-->*/. Cent. Me. 45-19-22(5). An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. Del. Ind. 659A.885(1). 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. Ga. Code Ann. 45-19-38(d). Stat. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. Stat. Stat. 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? 387-4. Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. Ann. Rev. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. 31-40z(d). 5/2-101(B)(2). Okla. Stat. Rev. 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. Colo. Rev. 275:41-b(I)-(II). 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 employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. Code Ann. Rev. Okla. Stat. tit. What are my rights? Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Ind. 23:302(2)(a)-(b). Cent. Stat. 4-21-102(5), 4-21-405. Mo. Ark. 448.07(2)(a). 21.051(1). Minn. Stat. Neb. Ann. 151B, 5. Georgia Pay Equity 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 in jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. 46a-51(9). 613.320(1)(a)-(b). Executive Order No. 23:666(A). 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. Yes. Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities.

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