I’m sure you have heard the phrase “Don’t talk about your wages to coworkers!” Usually employers tell their staff members this due to the differences in wages amongst employees – they don’t want employees to feel underpaid or underappreciated, nor look like they are playing favorites.
Regardless, the National Labor Relations Act of 1935 relays the message that when an employer tells you not to discuss pay with other coworkers, it is illegal.
Why? Because employees are 100% allowed form together and negotiate with their employers with conditions of employment, including pay.
Many employees are unaware of their protected rights with the contradictions of handbook policies. Handbook policies are company manuals in which companies try to incorporate their own “rules and regulations” into their manual, often many times incorporating “gag rules” that are unlawful.
How can employers get away with gag rules?
Going back to my previous statement “employees are unaware of their protected rights due to contradictions of handbook policy,” employees think because the rules are in the company handbook means they are justified and that’s just how it is. Employees want to trust what their employers say and believe employers have their best interest, so, employees just “go with the flow.” Not to mention, I’m sure you have seen signs around the workplace stating the company does not violate the law.
Luckily, for employees, Congress has a couple strategies that allow employees the proper clarification about their employment rights.
• Contractors- you cannot penalize workers for discussing their pay
• Employers- you cannot penalize employees for discussing their pay or you will be penalized, nor can you have pay differentials without proper justification
Keeping these strategies in mind still raises concerns:
• Some employees might get offended if you ask them how much they get paid
• Other employees would have their own insecurity if they found out they are paid less than you
Either way, employers have no right to tell employees they are not allowed to discuss pay in the workplace. What are employers hiding? Why is there so much secrecy? Employers should be more receptive of employee trust, after all, you are a very valuable asset to the company.