Can Your Employer Prohibit You from Discussing Your Wages?
You asked your new boss if employees can discuss wages, and they said, “No.” If you’re in the United States and they said that, they potentially broke the law.
Did you notice the word “potentially” in the last sentence? According to the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB) – the agency that enforces the NLRA – prohibiting employees from discussing wages can, and often does, lead to discriminatory practices.
At the end of the day, the question of whether your employer can prohibit you from discussing your salaries with colleagues is a complex and contentious one. Let’s break it down.
Breaking down the legal mumbo jumbo
The NLRA’s main goal is to protect the collective rights of employees. The language it uses to do this relates to collective bargaining rights and was originally intended to impact unionized workers. The NLRB decided that this also meant employees could discuss wages. The concept is that the transparency that comes from open discussions about salary would minimize employee discrimination and promote a fairer work environment through equitable compensation.
Exceptions to every rule
For the most part, the NLRA includes all private employers in the workplace. There are some revenue thresholds that apply – like covered retailers must have a gross annual volume of $500,000. Before you call your work buddies to start talking about how much you make, it’s imperative to research the “Jurisdictional Standards” to make sure that you’re engaging in activities covered by the law.
On the other hand, it is critical to note that the NLRB doesn’t have the authority to tell some employers what they can or can’t do. If you work in a government position or a managerial role with vested decision-making authority, your right to discuss your salary could be limited. It should also go without saying that if you work within the realms of national security or deal with proprietary information and trade secrets, there are probably constraints on salary discussions.
Legal doesn’t mean ethical or professional
Just because you can legally discuss wages with your coworkers doesn’t mean you actually should. Yes, discussing salaries with your colleagues can help ensure more equity in the workplace by bringing to light potential wage disparities; however, you have to be sure that those conversations are part of a constructive dialogue to be productive.
Envy and jealousy
If your goal is to incite divisiveness, it would be inappropriate to discuss salary with coworkers. Becoming involved in dialogue about wage practices from a standpoint of curiosity and professionalism should be to lift everyone up rather than sow discord.
Open communication
If you are a manager or in a position of leadership, you can facilitate engaging conversations about salary by encouraging a culture of open communication. Be sure to set clear guidelines so that the conversations can be fruitful and beneficial and maintain a good balance between unity and shared goals.
Equity, respect, progress
It’s a simple question, “Can employees discuss wages?” with a very complex answer. Not only do you have to consider the legalities, but it is imperative to consider the ethical nuances because with is legal isn’t always right. Yes, you could uncover the fact that your equal makes more money than you, but if you don’t handle the conversation carefully, you’ll end up with a toxic work environment.
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Written by
Marsha Hebert, Professional Resume Writer
Marsha is a resume writer with a strong background in marketing and writing. After completing a Business Marketing degree, she discovered that she could combine her passion for writing with a natural talent for marketing. For more than 10 years, Marsha has helped companies and individuals market themselves. Read more advice from Marsha on ZipJob's blog.
