§ 31-40z — Penalizing employees for discussion or disclosure of wage information prohibited. Enforcement.

(a) As used in this section: (1) “Employer” means any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay; (2) “Employee” means any individual employed or permitted to work by an employer; (3) “Wages” means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation; and (4) “Wage range” means the range of wages an employer anticipates relying on when setting wages for a position, and may include reference to any applicable pay scale, previously determined range of wages for the position, actual range of wages for those employees currently holding comparable positions or the employer's budgeted amount for the position. (b) No employer shall: (1) Prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee; (2) Prohibit an employee from inquiring about the wages of another employee of such employer; (3) Require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee; (4) Require an employee to sign a waiver or other document that denies the employee his or her right to inquire about the wages of another employee of such employer; (5) Inquire or direct a third party to inquire about a prospective employee's wage and salary history unless a prospective employee has voluntarily disclosed such information, except that this subdivision shall not apply to any actions taken by an employer, employment agency or employee or agent thereof pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. Nothing in this section shall prohibit an employer from inquiring about other elements of a prospective employee's compensation structure, as long as such employer does not inquire about the value of the elements of such compensation structure; (6) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee; (7) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who inquires about the wages of another employee of such employer; (8) Fail or refuse to provide an applicant for employment the wage range for a position for which the applicant is applying, upon the earliest of (A) the applicant's request, or (B) prior to or at the time the applicant is made an offer of compensation; or (9) Fail or refuse to provide an employee the wage range for the employee's position upon (A) the hiring of the employee, (B) a change in the employee's position with the employer, or (C) the employee's first request for a wage range. (c) Nothing in this section shall be construed to require any employer or employee to disclose the amount of wages paid to any employee. (d) An action to redress a violation of subsection (b) of this section may be maintained in any court of competent jurisdiction by any one or more employees or prospective employees. An employer who violates subsection (b) of this section may be found liable for compensatory damages, attorney's fees and costs, punitive damages and such legal and equitable relief as the court deems just and proper. (e) No action shall be brought for any violation of subsection (b) of this section except within two years after such violation.

Legislative History

(P.A. 15-196, S. 1; P.A. 18-8, S. 1; P.A. 21-30, S 1.) History: P.A. 15-196 effective July 1, 2015; P.A. 18-8 amended Subsec. (b) to add new Subdiv. (5) re prohibiting employer from inquiring or directing third party to inquire about prospective employee's wage and salary history, redesignated existing Subdivs. (5) and (6) as Subdivs. (6) and (7), and amended Subsec. (d) to add reference to prospective employees, effective January 1, 2019; P.A. 21-30 amended Subsec. (a) by adding Subdiv. (4) defining “wage range” and amended Subsec. (b) by adding Subdivs. (8) and (9) prohibiting failure or refusal by employer to provide wage range.