US State Equal Pay Laws and Penalties Resources in United States

US State Equal Pay Laws and Penalties Resources

State	Citation	Provisions	Penalties
Alabama	none
Alaska	§18.20.270	Employers may not discriminate in wages between men and women for work of comparable character or work in same operations, businesses or type of work in same locality.	Willful violation is a misdemeanor punishable by fine or imprisonment or both.
American Samoa	Not available
Arizona	§23-340 et seq.	Employees of the opposite sexes in the same establishment doing the same quantity or quality of the classification of work must be paid equally. Good faith variations in wages may be based on seniority, length of service, ability, skills, duties, shift, hours or time of day worked, or prohibitions related to limitations on lifting or moving of materials. The law applies to both public and private employers.	None specified.
Arkansas	§11-4-601	Every employer must pay employees equal compensation for equal services and no employer can discriminate against an employee in wages or compensation solely on the basis of the sex of the employee.	Violations are class C misdemeanors. Each day that a violation occurs in a separate offense.
California	Labor code §§1197.5 & 1199.5	No employer may pay any employees at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any bona fide factor other than sex. Employers cannot reduce wages to comply with this law.	Violation is a misdemeanor punishable by fines of up to $10,000 and/or imprisonment for not more than six months.
Colorado	§8-5-101 et seq.	No employer may discriminate in amount or rate of wage payments solely because of an employee’s sex. This law is not applicable to household, domestic servants, farm or ranch laborers.	Not specified.
Connecticut	§31-75 et seq.	No employer may discriminate in amount paid to employee solely on the basis of sex. Wage differences based on length of service or merit is not discriminatory. Agreement to work for less than employee is entitled to is not a defense to action to recover wages not paid.	Not specified.
Delaware	Title 19 §1107A	Male and female employees must be paid equally for doing equal work on a job that requires equal skills, effort and responsibility, and that is performed under similar working conditions. Wage rates may vary based on seniority, merit, quality or quantity of production or other factor other than sex. Employers cannot reduce wages to comply with the law. Unions and their agents cannot cause or attempt to cause an employer to violate the law.	Not specified.
DC	None
Florida	§112.3188 & 448.07	An employer of two or more cannot pay an employee at a rate less than that paid an employee of the opposite sex for equal work on a job requiring equal skill, effort and responsibility, and performed under similar working conditions. Exceptions based on seniority, merit, quality or quantity of production, or any other factor other than sex, are valid. The law does not apply to an employer subject to the Federal Wage-Hour law. It is unlawful to cause or attempt to cause an employer to discriminate in violation of this act.	An employee can recover unpaid wages for one year prior to filing of a claim.
Georgia	§39-2-7	An employer of ten or more cannot pay an employee at a rate less than that paid an employee of the opposite sex for equal work on a job requiring equal skill, effort and responsibility, and performed under similar working conditions. Exceptions based on seniority, merit, quality or quantity of production, or any other factor other than sex, are valid. Employers cannot reduce wages to comply with the law. It is unlawful to cause or attempt to cause an employer to discriminate in violation of this act.	A three-person arbitration committee will hear and resolve the dispute. The decision of the committee is binding on all parties. An aggrieved employee may bring a civil suit to recover unpaid wages, attorneys’ fees up to 25% of the judgment and costs of the action.
Guam	Not available
Hawaii	§387-4	No employer may in any way discriminate in the payment of wages between persons of different races, religions or sexes. Rate variations are allowed if based on a difference in seniority, length of service, shift, time of day worked or hours of work. An employer may not reduce wages in order to comply with the law.	Not specified.
Idaho	§44-1702	No employer may pay an employee at a rate less than that paid an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and responsibility. Differentials based on seniority or merit are permitted.	Not specified.
Illinois	820 ILCS 105/4(b)	An employer cannot discriminate by paying lower wages on the basis of sex or mental or physical handicap for the same or substantially similar work on a job requiring equal skill, effort and responsibility, and performed under similar working conditions. Exceptions based on seniority, merit, quality or quantity of production, or any other factor other than sex, are valid.	Not specified.
Indiana	§22-2-2-3 et seq.	An employer whose employees are covered by the minimum wage laws may not pay lower wages to one sex for equal work on jobs requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any bona fide factor other than sex. Employers cannot reduce wages to comply with this law. It is unlawful for a union to cause an employer to discriminate in violation of the law.	Not specified.
Iowa	None
Kansas	§44-1205	An employer may not discriminate by paying wages to employees of one sex at a rate less than that paid to employees of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers cannot reduce wages to comply with this law.	Not specified.
Kentucky	§§337.420, 337.423	Employers with two or more employees in each of 20 or more calendar weeks in the current or preceding calendar year must pay employees of either sex the same rates for work of comparable skills, efforts and responsibility. Differentials paid under seniority or merit systems that do not discriminate based on sex are permitted. The law does not apply to employers subject to federal Wage-House law filing the appropriate statement with the Commissioner.	Not specified.
Louisiana	None
Maine	Title 26 §628	No employer may discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation at a lower rate than it pays any employee of the opposite sex for comparable work on jobs with comparable requirements as to skill, effort and responsibility. Differentials paid pursuant to established seniority, merit, shift or time of day worked that do not discriminate based on sex, are not prohibited. No employer may discharge or discriminate against any employee for taking any action to invoke or assist enforcement of this law.	Not specified.
Maryland	Labor & Employment §§ 3-304 & 3-307	Employers cannot discriminate in wage rates because of sex. The law applies equally to male and female employees. Differentials based on seniority or merit are not discriminatory. Actions must be commenced within three years of the complained-of act.	Not specified.
Massachusetts	Ch.149 §1, 105A et seq.	No employer may discriminate in any way in payment of wages as between sexes. Women must be paid the same wage rates as men for work of like or comparable character or work on like or comparable operations. Variations based on seniority are permitted.	Not specified.
Michigan	§750.556	No employer employing both males and females may discriminate against them in the amount of wages paid on the basis of sex for the same work done, except that no female may be given a task disproportionate to her strength or detrimental to her health, morals or her potential capacity for motherhood. An employer with employees subject to the minimum wage laws may not have pay differentials for men and women doing the same job except under seniority, merit, or productivity system or any differential not based on sex. An employer may not reduce wages to comply with the act.	A violation is a misdemeanor. Violators are subject to minimum wage enforcement procedures.
Minnesota	§181.66 et seq.	An employer may not discriminate by paying wages to employees of one sex at a rate less than that paid to employees of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers cannot reduce wages to comply with this law. An employer may not discriminate in hiring or in tenure against an employee who has filed a complaint or who is called to testify in any proceeding under this laws.	Violations are misdemeanors. An aggrieved employee can recover up to one year’s unpaid wages plus exemplary damages of the same amount at the court’s discretion.
Mississippi	None
Missouri	§290.410	Employer cannot pay female employees at wage rates less than paid males in same establishment for same quantity and quality of same work classification. Variations are permitted if based on seniority, length of service, skill, ability, difference in duties or services performed, difference in shift or time of day or hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation other than sex, when exercised in good faith.	Not specified.
Montana	§39-3-104	Women must be paid at the same rate as men for equivalent service or for the same amount or class of work, or labor in the same industry, or place of employment.	Not specified.
Nebraska	§§48-1219 – 48-1227	Employers of 25 or more for 20 or more weeks in a calendar year, and public employers, may not discriminate by paying wages to employees of one sex at a rate less than that paid to employees of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers cannot reduce wages to comply with this law or fire or discriminate against an employee involved in enforcement of this law.	Law is enforced by the Equal Opportunity Commission. Affected employees can recover back pay and an equal amount in liquidated damages for will violations and may be awarded attorneys fees and court costs. Violations are misdemeanors.
Nevada	§608.017.1	No employee can be paid a wage less than that paid to employees of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers cannot reduce wages to comply with this law.	Not specified.
New Hampshire	§275:36 et seq.	No discrimination between the sexes in payment of wages. Employers may not pay females less than males for equal work. Variations based on seniority, skill, experience, shift, duties performed, or other reasonable differentiation, are permitted.	Aggrieved employees can recover unpaid wages plus equal amount as liquidated damages and can assign claim to the Commissioner of Labor. Violations are misdemeanors.
New Jersey	§34:11 – 56.2	No employer can discriminate in rate or method of payment of wages to any employee because of his or her sex.	Not specified.
New Mexico	None
New York	Labor Law §194	No employee may be paid less than that paid to an employee of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers cannot reduce wages to comply with this law.	Not specified.
North Carolina	None
North Dakota	§34-06.1-01 et seq.	No employer may discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation at a lower rate than it pays any employee of the opposite sex for comparable work on jobs with comparable requirements as to skill, effort and responsibility but not as to physical strength. Differentials paid pursuant to established seniority, job description, merit, or executive training programs that do not discriminate based on sex, are not prohibited. No employer may discharge or discriminate against any employee for taking any action to invoke or assist enforcement of this law. An employer may not reduce wages in order to comply with this law.	Violators are guilty of a Class B misdemeanor, which is punishable by a fine of up to $1,000, imprisonment for up to 30 days, or both. (§12.1-32-01)
Ohio	§§4111.17 & 4111.99	Public and private employers cannot discriminate in the payment of wages based on sex by paying lower wages to any employee for equal work under similar working conditions, unless payments are pursuant to a merit, seniority, or productivity systems determined by factors other than sex. Wages cannot be reduced to comply with this law.	An employee can sure, within one year, for twice the difference between the wages paid and the wages paid to another employee for equal work, plus costs and attorneys fees. A violation is a minor misdemeanor.
Oklahoma	Title 40 §198.1 et seq.	Employers cannot willfully pay women less than men for comparable work on jobs with comparable requirements as to skill, effort and responsibility. Differentials paid pursuant to bona fide seniority, merit or productivity system are permitted.	Violations are misdemeanors punishable by a fine of between $25 and $100.
Oregon	§§652-210 et seq. and 652.990	Private and public employers, except for the federal government, may not discriminate between the sexes in the payment of wages for comparable work on jobs of comparable character nor may they pay lower wages to employees of one sex than they pay to employees of the opposite sex. Differentials paid based on seniority or merit systems or based in good faith on factors other than sex, are permitted. No employer may discharge or discriminate against any employee for taking any action to invoke or assist enforcement of this law.	Aggrieved employees can sue to recover backpay up to one year, plus an equal amount in liquidated damages, plus attorneys fees. An agreement to pay wages in violation of this law is not a defense. Violations are misdemeanors.
Pennsylvania	§1301.204	An employer may not discriminate by paying wages to employees of one sex at a rate less than that paid to employees of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers cannot reduce wages to comply with this law. The law covers all public and private employers, except those covered under the Federal FLSA. Sex discrimination in the payment of wages to seasonal farm workers is also prohibited.	Not specified.
Puerto Rico	Not available
Rhode Island	§28-6-17(b)	Employers may not pay female employees at rates less than those paid to males for equal work or for work on the same operations, unless pay differentials are based on seniority, experience, training, skill, ability, difference in duties, difference in shift or time of day worked, availability for other operations, or any other reasonable differentiation except for sex. Any agreement or understanding establishing a variation in pay based on sex is null and void. The law does not apply to domestic workers or employees of non-profit associations. The director of labor and training is responsible for enforcement of the law.	An aggrieved employee may file suit to recover lost wages or assign her claim to the director. In addition to lost wages, an employer who violates the law is liable for liquidated damages equaling the amount of lost wages. A violation is a misdemeanor punishable by a fine not to exceed $200, possible imprisonment for up to six months, or both.
South Carolina	None
South Dakota	§60-12-15	No employer may discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation at a lower rate than it pays any employee of the opposite sex for comparable work on jobs with comparable requirements as to skill, effort and responsibility but not as to physical strength. Differentials paid pursuant to established seniority, job description, merit, or executive training programs that do not discriminate based on sex, are not prohibited. No employer may discharge or discriminate against any employee for taking any action to invoke or assist enforcement of this law. Employers of 25 or more persons must maintain records of wage rates, job classifications and other conditions for a reasonable time.	In a court action, an employer is liable for unpaid wages and may be liable for attorney fees and costs.
Tennessee	§50-2-201 et seq.	No public or private employer may discriminate in wages based solely on sex. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex. Employers may not reduce wages to comply with the law.	Aggrieved employees can sue for unpaid wages, plus an equal sum in damages for two years after the cause of action arose. Violations are punishable by fines of up to $2,500 and/or imprisonment for less than 12 months.
Texas	None
Utah	None
Vermont	None
Virginia	§40.1-28.6	An employer may not discriminate by paying wages to employees of one sex at a rate less than that paid to employees of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions. Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex.	Employees have two years to sue for twice the amount of wages illegally withheld.
Virgin Islands	Not available
Washington	§§49.12.170 & 49.12.175	Employers cannot discriminate between sexes in the payment of wages or pay any female less than wages paid to males similarly employed. A good faith wage differentials based on factors other than sex is not discrimination.	A violation is a misdemeanor punishable by a fine of not less than $25 nor more than $1,000. Aggrieved female employees can due their employers for the lost additional pay they would have received had there been no discrimination.
West Virginia	§21-5B-3(2) et seq.	No employer can discriminate between sexes in the payment of wages for work requiring comparable character and skills, nor may an employer pay wages to an employee at a rate than it pay employees of the opposite sex for comparable character and skills. Variations are permitted when based on seniority or merit systems or other good faith factors other than sex. Wages may not be reduced to comply with the law. Employers may not discriminate against employees for filing a claim or participation in an action related to enforcement of the laws. The law does not cover employers subject to federal equal pay laws.	An aggrieved employee may recover one year’s lost wages plus an equal amount as liquidated damages. Violation is a misdemeanor, with a fine between $25 and $100.
Wisconsin	None
Wyoming	§27-4-301 et seq.	Employers cannot pay female employees less than male employees for the same work. An agreement to work for less is not a defense.	The secretary or an aggrieved employee can sue for unpaid wages and an equal amount in liquidated damages. An employer that willfully violates this law or discriminates against an employee involved in enforcing the law, faces upon conviction, a mandatory fine of from $25 to $200 and possible imprisonment form 10 to 180 days. Each day’s violation counts as a separate offense.