by the Brightmine Editorial Team
Equal pay laws generally prohibit an employer from paying different wages based on sex (or other protected classes) for the same or similar work. At the federal level, these laws include the Equal Pay Act and Title VII of the Civil Rights Act. In an effort to eliminate wage discrimination and achieve greater pay equity, a number of states have enacted laws that build on the federal protections by mandating equal pay and addressing wage disclosure. In addition, some states have equal employment opportunity laws that also prohibit discrimination in compensation based upon protected class status.
Many state wage disclosure laws seek to increase pay transparency and may, among other things, prohibit an employer from:
- Requiring, as a condition of employment, that employees refrain from discussing the amount of their wages;
- Requiring employees to sign a waiver or other document denying them the right to disclose their wage information; or
- Taking adverse action against employees or other individuals who inquire about, disclose, compare or otherwise discuss their wages.
The following chart provides an overview of state equal pay laws that apply to private employers, the protected classes covered by the law, which employers are subject to the law, the type of work being compared and the circumstances in which pay may differ. The chart also indicates which states have wage disclosure laws in place and provides links to relevant employee handbook statements that relate to wage discussion and incorporate wage disclosure provisions.
Table cells are marked N/A where the state statutes or regulations are silent. States that have no requirements regarding equal pay or wage disclosure are marked N/A. In the absence of state requirements, federal rules may apply. An employer should check local laws, as some municipalities may have requirements regarding equal pay and wage disclosure.
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About the author
The Brightmine Editorial Team
Our in-house team of HR experts carefully monitors and updates the Brightmine HR & Compliance Center, the most comprehensive library of employment law and HR resources. This team has an unrivaled wealth of subject matter expertise, with an average of 15 years’ experience. They also bring invaluable, diverse career experiences to the table—the team includes seasoned employment law attorneys, former in-house counsel, SHRM certified professionals and career employment law editors.
In addition to managing the HR & Compliance Center, the Editorial Team supports the content across the Brightmine product portfolio. The Team also supports Marketing Resource Center with breaking HR news, Commentary and Insights, and expert review of key compliance resources, such as our free charts.