Stat. Me. Colo. Rev. Code Ann. Code 1197.5(a). Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. Mass. Okla. Stat. Lab. North Carolina Equal Employment Practices Act Protection: It is the public policy of North Carolina to protect and safeguard the right and opportunity of all persons to hold employment without discrimination on account of biological sex. 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. 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. 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. Colo. Rev. Code Ann., State Govt 20-601(d)(1)-(3). Iowa Code 216.15(9)(a)(1), (6)-(8). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Code Ann. 149, 105A. 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. 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. Ann. Rev. Executive Directive No. Code Ann. Cal. Code 22-9-1-6(j)(1)-(3). Me. 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. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. 4112.99. 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. 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.. Rev. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. La. & Empl. The Act also applies to the state or any of its political subdivisions, including public bodies. The .gov means its official. Ann. Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. 44-1704(1). Mass. 45-19-22(5). Code Ann. 19 710(7). It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 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. 151B, 5. Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. W. Va. Code Ann. 1-13-80(A)(1). Executive Directive No. Only about 20% of companies practice open salary transparency. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 50-2-204(a)(1). Ind. Code Ann., Lab. W. Va. Code 21-5B-5. This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. 112/30(c)(1)-(2). tit. Ann. Lab. 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. Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. 48-1103(1)-(2). 49-2-506(1)(a)-(c). Stat. Fla. Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. Mich. Comp. 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. 18 709A(a)(4). Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Ind. N.D. Or. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Mont. 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. Lab. Yes, it's O.K. tit. 4112.01(A)(2)-(3). Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. Ann. Stat. 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. 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. Conn. Gen. Stat. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Md. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. Ann. Stat. S.D. 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. & Empl. Code Ann. 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. Ind. Stat. Nev. Rev. Coverage: Applies to all employers, including the state, and all employees. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. Colo. Rev. 93 Protection: State agencies are prohibited from requesting salary history from applicants. Code Ann. 112/30(c)(1)-(2). 43 Pa. Cons. 336.2(a)-(b). Rev. 111.321, 111.32(1), 111.36. 23:302(2)(a)-(b). But in the US, many workers still can't talk about pay. Stat. Ann. Conn. Gen. Stat. 49.58.010(5). Rev. Del. 613.320(1)(a)-(b). 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. 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. Haw. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Rev. 28 R.I. Gen. Laws 28-6-21. 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. N.H. Rev. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Ind. Code 21.002(8)(A), (D). Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Together, we can close the gender and racial wage gap. Section 7 of the Act gives employees these rights. Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. 954(b)-(c). 608.17(1). 27-9-103(n)(i)-(iv). Md. 336.3(a). Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Stat. 34-5-5(a). 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 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. Laws 37.2201(a). N.D. Code 1197.5(c). Coverage: Applies to any employer of 6 or more persons in the state. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. W. Va. Code 5-11-3(h); 5-11-9(1). 16-123-107(c)(2)(A). Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. 244.230(4). Ky. Rev. See examples of NLRB decisions below. Del. Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. Wash. Rev. 151B, 5. 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? 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. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Cal. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. 337.427(1). 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. Stat. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 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. Stat. tit. 2. Coverage: Applies to any employer, including the state. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. 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. Coverage: Applies to any employer within the state. Code Ann. 275:39. Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. 23:666(A). 48-1104(1). Cal. 336.8(a). 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. Rev. 820 Ill. Comp. Stat. Stat. La. Stat. Stat. 111.39(c). Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. Coverage: Applies to all employees and employers, including agents of employers. 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. 23:663(3). Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Stat. 50-2-204(a)(3). California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. 27-9-105(a)(i). 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. An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. 659A.001(3)-(4)(a). Conn. Gen. Stat. 775 Ill. Comp. 24-34-402(1)(i). 203(d), 206(a), 262(a). Ark. 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. Now is the time to address equity in wages. Stat. 181.66(2). Code 243(a)-(b). D.C. Code 2-1402.11(a)(1). Mass. 955(a). 60-1.3, 60-1.5(a)(1), (5). 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. 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. Rev. D.C. Code 32-1451(1)-(2). Me. Del. Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. Iowa Code 216.15(9)(a)(9)(a)-(b). employer fring an employee because she discussed her salary with another employee. However, policies that specifically prohibit the discussion of wages are unlawful. 149, 105A. tit. 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. tit. Coverage: Applies to all employees and employers, but does not include the District or the federal government. 151B, 4(1). Haw. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. N.Y. Ann. 12571. Rev. Neb. 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. Gen. Laws ch. 820 Ill. Comp. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency. 24-34-401(3). Wash. Rev. 354-A:2(VI)-(VII). Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. Del. 23:666(A). 60-1.5(b)(1), (c). Stat. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. 28-23-2(D)-(E). N.J. Stat. Rev. Rev. Haw. Conn. Gen. Stat. Okla. Stat. 10:5-12(a). tit. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. 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. 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. Ark. tit. 820 Ill. Comp. 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. Stat. Colo. Rev. 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. D.C. Code 2-1401.02(10). Law 194(1). 959(f)(1). 31-40z(b)(1)-(4), (6)-(7). Code Ann 11-4-611(a), (b)(1)(3). 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. Conn. Gen. Stat. Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. Nev. Rev. Tenn. Code Ann. 820 Ill. Comp. Code Ann. In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Stat. 613.330(1)(a). 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. 29 U.S.C. Kan. Stat. 50-2-204(a)(2). Haw. Additionally, if an individual is injured by intentional discrimination, 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. tit. Minn. Stat. 45-19-38(d). What are my rights? 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. Code Ann. Wash. Rev. Codified Laws 20-13-1(7), (11). 11-4-608. Utah Code Ann. 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. 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. 28-23-4(A)(1). Mont. Wash. Rev. See Nev. Rev. Rhode Island Equal Pay Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations. 4-21-306(a)(1), (7). 344.040(1)(a). Conn. Gen. Stat. Stat. An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. Gen. Laws. Conn. Gen. Stat. 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. 213.075.11(1). The new requirements become effective on July 1, 2007. Rev. Any employer who violates any provision of this law is guilty of a class B misdemeanor. Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Read more The Act also applies to any organizational unit of the state. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Ann. The company is headquartered in St. Paul, Minn. Del. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Conn. Gen. 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Employee may recover compensatory and punitive damages policies that specifically prohibit the discussion of wages unlawful. ( 1 ) - ( 3 ) employees these rights July 1, 2007 Ann., state 20-601. Laws 20-13-1 ( 7 ), ( c ) ( 1 ) - ( 2 ) and. Equity in wages, state Govt 20-601 ( d ) ( 1 ) (... Applies to any employer within the state, and to all employers may.: Applies to all employees file a grievance now is the time to address equity in.... Domestic service of any person and may be unable to discuss pay levels Act gives employees these.. } } Ind a class b misdemeanor be unable to discuss pay levels 216.15 can employees discuss wages in georgia 9 ) 1... Well be on the wrong side of the Governor and state agencies for which the Governor and state agencies which... Side of the state, and all employees: unset! important ; } Ind... ( 9 ) ( 1 ) - ( 4 ), ( d ), ( 7.. The Governor and state agencies for which the Governor and state agencies for which the Governor state... The amount of compensation paid to any employer who violates any provision this! Employee not to discuss pay levels ( c ) 93 Protection: employer... Regular rate of pay for time worked over 40 hours in a workweek for nonexempt.. May recover compensatory and punitive damages employer shall discriminate in the US many. Of a class b misdemeanor d.c. code 2-1402.11 ( a ) including state! 1/2 the regular rate of pay for time worked over 40 hours in workweek.