salary confidentiality

crd · May 2002

My husband's employer has posted a policy that if any employee discusses their salary with any other employee that it will be grounds for termination. Is this legal?

Don D · May 2002

No. It is illegal. It violates the National Labor Relations Act, even for those places of business that have no union.

Margaret Morford · May 2002

It may be a fine distinction, but I think you can prohibit management employees from discussing salaries. However, Don D is right. You cannot prohibit non-management employees from discussing their salaries.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

mikicini · May 2002

Please tell me more about this. My husband was repremanded and then fired from a major retailer for discussing his dissatisfaction about his "raise" with other employees. The other employees at the company have told him that he was treated unfairly and many have left the company. Can he sue them? Company is national, but he was working in Maryland .. non-union.

Don D · May 2002

For those who might be interested: The NLRB has a website that will answer some of these types of questions and you can also wade through some cases if you have time ([url]www.nlrb.gov[/url]). Many will be surprised to learn that the NLRA also gives 'protection' to non-union employees. Also, you can speak with the NLRB Information Officer in the district NLRB office in your area and pose questions. I just spoke to Steve Bensinger, Board Agent (one of those attorney-types)who I have faced off with in hearings. He's in the New Orleans District office. He agreed with Margaret who reminded us that this sort of thing can be prohibited by an employer with supervisory employees because they are 'outside the protection of the NLRA'. His statement to me was "To prohibit non-supervisory ee's from discussing the terms and conditions of their employment, including discussion of wages, violates the Act's protection of concerted activity". We also need to remember that recent NLRB rulings have stated that non-union employees also have a right to bring another employee with them to any hearing or meeting or counseling if they have an expectation that the meeting might result in discipline (same protection as union folks have). Hope this helps. Sorry to rabbit-trail.

salary confidentiality

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