Employees discussing wages

Niki Barnes

I am aware there is legislation pending that would prohibit employers from punishing employees for discussing their wages with one another, "Paycheck Fairness Act" (S. 77, H.R.781) but how do people handle it now? I have maintained to date that we cannot punish people for talking about their own wages. How do you handle this situation?

Dianna

A seminar that I just went to recently stated that you cannot prohibit employees from talking about salaries, but you can discourage it. Our handbook simply states "You should not discuss your compensation with others." I think it has something to do with freedom of information, and the fact that you just never know - someone might turn around and sue you for retaliation, discrimination or who knows what if you discipline them for discussing wages.

Down_the_Middle

At the risk of over-simplifying........... I think what you're referring to is the term "protected, concerted activity"----which means that when 2 or more employees engage in conversation about things like, rates of pay,, hours of work, assigned duties, work performed, for the purpose of mutual aid or protection etc..... The Labor Management Relations Act (LMRA) protects employees from being discharged or disciplined for doing this in the workkplace. It's important to note that an employee acting alone for his own self-interest may not get this protection. The issue involves furthering a common goal of employees-----then it's protected activity. The National Labor Relations Board (NLRB) enforces this law and it applies to employers who do not have a union!! This is something that needs legal counsel's review b/4 you get crazy with disciplining employees for doing this.

System

The National Labor Relations Act specifically gives employees the right to discuss working conditions, which inclues comparing pay and complaining about it. This is for union and nonunion employees alike. See the article "Disclosure of wages" on our National News page, [url]http://www.hrhero.com/national/nationalnews.shtml[/url].

But you can restrict pay talk by supervisors, who aren't covered by the NLRA. And you can prohibit people in payroll from revealing confidential information about other people's pay.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Niki Barnes

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>The National Labor Relations Act specifically gives employees the
>right to discuss working conditions, which inclues comparing pay and
>complaining about it. This is for union and nonunion employees alike.
>See the article "Disclosure of wages" on our National News page,
>[url]http://www.hrhero.com/national/nationalnews.shtml[/url].
>
>But you can restrict pay talk by supervisors, who aren't covered by
>the NLRA. And you can prohibit people in payroll from revealing
>confidential information about other people's pay.
>
>James Sokolowski
>Senior Editor
>M. Lee Smith Publishers


Thank you very much for the reference to your article. It seems to have worked. I think we have stopped the threats of firing people (at least non managers)who reveal their own wages to co workers.