T.L., or other U.S. Legal-minded individuals...

[Larry_OHF]

I have a question regarding a certain law. I am told that an employer cannot enforce his desire that employees not share with each other their salary. Yes, I know that a manager cannot divulge the salary of another individual under him/her to another person,,,but my company also has a law prohibiting me from telling my friends how much I make, under strict and bold words. However, I hear that there is a legal protection for something like that in my case, where it states that the bosses cannot do anything to me if I tell people what I make, and ask them what they make.

Will you help me find this reference? I need it.

I don't the exact reference but IMO I call it the First Amendment, Freedom of Speech. Where I work at, the policy has changed to allow employees to discuss their salary. This occured because of a law suit brought about against another company by one of their employees.

[johnny]

That just doesn't seem right to me. It's just as much your right to tell anyone how much you make, as it is to keep it to yourself. what's your boss's name ? Dick tator ?

[MILAMBER]

Found at: http://www.hranswers.com/general/faqs.cfm?id=26


Q: An HR Manager overhears a group of employees discussing salaries in the cafeteria. In response, the HR Manager walks over to the employees’ table and tells them that employee pay is confidential, that employees are forbidden from discussing their salaries, and that if (s)he discovers that any of them has discussed personal pay with co-workers again, that employee will be disciplined and possibly terminated.
The HR Manager returns to his/her office and drafts the following policy for inclusion in the employee handbook:

An employee’s pay is a private matter between you and the organization. The organization will keep this information in strictest confidence, and you are required to do the same. Violation of this policy will result in discipline, up to and including termination.

Can the organization get into legal trouble if the HR Manager terminates an employee for discussing salary with co-workers in the future? What if the organization includes the manager’s drafted policy in its employee handbook?
6/26/2001

A: Both actions will likely be considered unlawful under the National Labor Relations Act (NLRA). Wage discussions among co-workers are generally considered to be concerted and protected activity under the NLRA. Therefore, under most circumstances management cannot prohibit salary discussions, or threaten discharge or discipline for revealing salaries.

Under certain circumstances employers are permitted to treat salary information as confidential if there are legitimate business reasons for the confidentiality that outweigh the protected interest of employees in discussing wages. For example, an employer may be able to discharge an employee who steals confidential wage information. There is also a practical reason for not attempting to prohibit or curtail co-worker pay discussions. Prohibitions are issued for reasons. Such a prohibition starts employees wondering why they can’t talk about pay. Is there something the company is trying to hide? Is the program not fair? What will I learn by talking about this that the company doesn’t want me to know? These questions lead to employee rumors and speculation. No employer needs that. If the system and pay levels are believed to be fair and market appropriate, let them talk.

[Seraph]

There would probably also be an issue of state law. In New York they would if they wanted to fire you over it then they would probably just fire you and not bother telling you why (they can do that here). If your in a state, that like New York, is an "at will" employer, and the employer didn't come out and say "your fired because you were talking about your wage", then you would probably have a very had time even proving that was the reason you were fired.

[Timber Loftis]

Good posts, Milamber and Seraph. Good answers all around.

The upshot: sure, after you're wrongfully fired you can sue and languish for months while some crappy attorney tries to get your back pay. So, just do what I've done when I've been in those situations -- keep your conversations among co-workers as "confidential" as your salary levels are supposed to be. Yes, I am recommending subversiveness here.

On a moral level, it is WRONG for an employer to limit this type of discussion -- he is in effect saying "I'm going to play favorites and play you off each other, and I don't want you to know exactly how." Now, as mentioned above, the power the employer holds is great -- they get to simply fire you, while you get the arduous task of pursuing litigation. So, in order to combat the injustice such a policy imposes on you and your fellow workers, without I say RESORT TO SECRECY AMONGST YOURSELVES.

Workers of the world untie! Erm... Well, you know.