Vermont

Under Vermont law, an employer is prohibited from discriminating in the payment of wages based on sex, race, national origin, sexual orientation, gender identity, or disability for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.[1]

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Affirmative Defenses: An employer may defend a pay differential based on a seniority system; a merit system; a system in which earnings are based on quantity or quality of production; or a bona fide factor other than sex. An employer asserting that different wages are paid in accordance with any of the foregoing factors must demonstrate the factor does not perpetuate a sex-based difference in compensation, is job related with respect to the position, and is based upon a legitimate business consideration.[2]  

Retaliation: An employer may not discharge or in any other manner discriminate against any employee because the employee (i)opposed any unlawful discriminatory practice; (ii) filed a complaint or testified, assisted, or participated in any manner with the Attorney General, a State’s Attorney, the Department of Labor, or the Human Rights Commission in an investigation of prohibited acts or practices; (iii) is known by the employer to be intending to file a complaint, testify, assist, or participate in any manner in an investigation of prohibited acts or practices; (iv) has disclosed their wages or has inquired about or discussed the wages of other employees; or(v) is believed by the employer to have acted as described in any of the foregoing.[3]

[1] 21 V.S.A. § 495(a)(7).

[2] 21 V.S.A. § 495(a)(7)(A).

[3] 21 V.S.A. §495(a)(8).

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Yes. Vermont’s equal pay law covers broader protected categories (sex, race, national origin, sexual orientation, gender identity, and disability). The law also narrows the broad federal affirmative defense of “any factor other than sex” to require “a bona fide factor other than sex,” and to clarify that this factor cannot perpetuate a sex-based difference in compensation, must be job related, and must be based on a legitimate business consideration.

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Yes. As of July 1, 2025, employers with at least 5 employees must include the good faith wage or salary in job advertisements for any position physically located in Vermont or any remote positions that will predominately perform work for an office or work location physically located in Vermont.[1]

[1] H.704.

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Yes. Under Vermont law, it is unlawful (i) for an employer to ask a prospective employee about or seek information regarding the prospective employee’s compensation history, (ii) to require a prospective employee’s current or past compensation satisfy minimum or maximum criteria, and (iii) to determine whether to interview a prospective employee based on their current or past compensation.[1]  If an employer discovers a prospective employee’s salary history, the employer may not determine whether to interview the prospective employee based on this information. However, employers may inquire about a prospective employee’s salary expectations or requirements and provide information about the wages, benefits, compensation, and salary offered in relation to a position.[2]

[1] 21 V.S.A. § 495m(a).

[2] 21 V.S.A. § 495m(c).

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Yes. Under Vermont law is unlawful for an employer to require an employee to refrain from disclosing the amount of their wages or from inquiring about or discussing the wages of other employees, and it is unlawful to require an employee to sign a waiver of their right to disclose their wages or make inquiries regarding the wages of other employees.[1]

[1] 21 V.S.A. § 495(a)(7)(B).

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No. Currently, there is no requirement under Vermont law for private employers to collect, report, or assess gender-based pay data.

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Yes. The minimum wage in Vermont is higher than the federal minimum wage and is adjusted to inflation based on the Consumer Price Index.[1]

[1] 21 V.S.A. § 384.

No. Employers can pay less than minimum wage to certain tipped employees of a hotel, motel, tourist place, or restaurant who customarily and regularly receives more than $120.00 per month in tips for direct and personal customer service.[1] In Vermont, such tipped employees can be paid half of the state’s minimum wage.[2]

[1] 21 V.S.A. § 384(a)(2).

[2] https://labor.vermont.gov/press-release/vermont-minimum-wage-increase-2023#:~:text=This%20annual%20adjustment%20also%20impacts,%246.28%20to%20%246.59%20per%20hour; 21 V.S.A. § 384(a)(1).

Yes. Under Vermont law employers are required to pay employees each week.[1] However, after providing written notice to employees, an employer may pay employees biweekly or semimonthly.[2]

[1] 21 V.S.A. § 342(a)(1).

[2] 21 V.S.A. § 342(a)(2).

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Yes. Vermont law requires employers to provide a wage statement to employees with each payment of wages.  The wage statement must set forth, at a minimum, the total hours worked, the hourly rate, gross pay, and each deduction fully itemized.[1]

[1] https://labor.vermont.gov/sites/labor/files/doc_library/WH-13-Wage-and-Hour-Laws-2019%20.pdf.

Yes. Unless the employee is exempted by statute, employers with two or more employees must pay overtime at a rate of at least time and a half for hours worked beyond 40 hours in a work week.  Vermont’s overtime laws, however, require no overtime for hours worked beyond 8 hours in a day unless such hours exceed 40 hours in a work week.[1]

[1] 21 V.S.A. § 384(b).

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Yes. Employees in Vermont may file a complaint that wages have not been paid to an employee, and the Vermont Commissioner of Labor may investigate the complaint and collect from the employer any amounts due and remit them to the employee.[1] If the Vermont Commissioner of Labor determines the unpaid wages were willfully withheld by the employer, the employer may be liable for an additional amount not to exceed twice the amount of unpaid wages, one half of which will be remitted to the employee and one half of which will be retained by the Vermont Commissioner of Labor to offset administrative and collection costs.[2]

[1] 21 V.S.A. § 342a(a).

[2] 21 V.S.A. § 342a(d).

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