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Are you legally allowed to talk about your pay?

Writer Emily Baldwin

In fact, employees’ right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.

Is it illegal to stop employees from talking about wages?

The simple answer is “No”. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). You cannot forbid employees – either verbally or in written policy – from discussing salaries or other job conditions among themselves.

Why is it illegal to talk about wages?

Pay secrecy policies, whether formal or informal, often reflect an effort by an employer to conceal wage discrimination. To truly implement equity in wages, it is necessary to increase pay transparency and allow workers to freely discuss their salaries.

Can you get fired for talking bad about your company?

Yes, you can fire an employee for talking bad about the company if it happens at the workplace. In an At-Will state, employees can be fired at any time for any reason. But even in other states, creating a hostile work environment is definitely grounds for disciplinary action, up to, and including termination.

Is it illegal for employees to discuss wages?

The employer had a handbook policy against discussing wages, but it was found to be unlawful by the NLRB. As a result, the employee was given back pay and offered reinstatement, and the employer changed its handbook. This case illustrates a common misconception — that employers can forbid employees from discussing their salaries.

What happens if you have a policy against discussing wages?

In fact, having a policy against it could get you in hot water with the National Labor Relations Board (NLRB) because such policies generally violate federal labor law. The National Labor Relations Act protects employees’ rights to discuss conditions of employment, such as safety and pay even if you’re a non-union employer.

What happens when employees talk about their salaries?

Conversations can evoke feelings of jealousy and inequity among co-workers who most likely are unaware of the reasons for salary differences, including education, experience and training. Suspicion, distrust and other negative emotions often result from salary discussions and seriously affect company morale.

What should employers do when employees discuss wages?

To help give a framework to your employee compensation, your company should detail how pay decisions are made. Having a system of checks and balances can help keep wages in line with your company policies, job descriptions and industry standards.