Office of Inspector General - General Audits, Office of Inspector General - Investigations, Office of Inspector General - Ongoing Reviews, Office of Inspector General - Peer Review, 1947 Taft-Hartley Passage and NLRB Structural Changes, Impact of the NLRB on Professional Sports, Federal Employee and Applicant EEO Policies, The Standard for Determining Joint-Employer Status, Voter List and Military Ballots Notice of Proposed Rulemaking, National Labor Relations Board Rulemaking, National Labor Relations Board Rulemaking Archive, Retaliation Based on Exercise of Workplace Rights Is Unlawful, Advice Memoranda Dealing with Handbook Rules post-Boeing, Advice Memoranda and Emails Dealing with COVID-19, Appellate Court Briefs and Petitions filed by the General Counsel, Contempt, Compliance, and Special Litigation Branch Briefs, Information on Decisions Issued by January 4, 2012 Board Member Appointees, Injunction Litigation Branch Appellate Briefs, Petitions for Review & Applications for Enforcement, Interagency & International Collaboration, Unfair Labor Practice and Representation Cases Filed per Fiscal Year, Disposition of Unfair Labor Practice Cases, Unfair Labor Practice Cases by Filing Party per Fiscal Year, Unfair Labor Practice Charges Filed Each Year, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Plan for Retrospective Analysis of Existing Rules. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. The biggest category of records that must be kept confidential is medical information. Can You Get Fired if Your Boss Doesnt Like What You Post on Social Media? If so, you can try to negotiate a different arrangement. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries. Salary History Disclosure - Workplace Fairness Insperity has been showing companies how to harness the power of HR since 1986. 15. This could lead to them feeling resentful toward their colleagues or their employer. The law errs on the side of protecting employees right to concerted activity. Here are the states and cities where employers are required to disclose salary ranges during the hiring process. For instance, they may post the salary ranges for each position on their website or job postings. 9 Dos And Donts. Beginning January 1, 2018, an employee of a public employer may file an Equal Pay Act claim against his or her employer. As of April 2022, employers in New York City will be required to list the minimum and maximum salary on all job postings, promotions or transfer opportunities. Employers don't have to compensate employees when they're on meal breaks, which . Need Professional Help? | Leadership Tips. Non-disclosure agreements (NDAs) are confidentiality contracts that require two or more parties (such as an employee and employer) to keep specified information secret. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. However, this information is typically only accessible to employees of the company. Which of the following below best describes why you believe you have been discriminated against or retaliated against? A. Employers must provide the range for an internal transfer or promotion to existing employees, if the employee asks for it. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. And you may have a legal claim against them. You may have discussions about wages when not at work, when you are on break, and even during work if employees are permitted to have other non-work conversations. The NLRB calls these discussions protected concerted activity and defines them as when employees take action for their mutual aid or protection regarding terms and conditions of employment.. For example, you could ask for compensation for the loss of privacy. The state actually has a law stating that the state cannot prohibit employers from asking about salary history. This right is broad, and encompasses many different types of communications, including: It is unlawful for your employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other, or that requires employees to get the employer's permission to have such discussions. You cannot forbid employees either verbally or in written policy from discussing salaries or other job conditions among themselves. Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. And workers can ask their employer for the salary range of their current role. 1-844-234-5122 (ASL Video Phone) (b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages. But decades later, employer pay practices continue to create gender and racial wage gaps. Mutual trust and the feeling of being valued can go a long way in heading off problems before they escalate. If employer policies requiring pay secrecy are unlawful, why are they still so common? You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employer's permission to have such discussions. Employers haven't always been so tight-lipped about salaries, Johnson says, explaining that pay discussions became more restrictive following the financial crisis of 2008: "The economic power dynamics in hiring shifted. Employers may be less likely to offer raises if employees salaries are public. You also have the right not to engage in conversations or communications about your wages. It depends on the situation, and you should consult with an attorney to get specific advice. From employee agreements to applicant and employee data to retaliatory practices, find out what you need to do to stay in compliance with one of the EEOCs latest focus areas. If you grant an employer permission to disclose your salary, they may do so without your permission or knowledge. Q. Official websites use .gov About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. An employer cannot make up the cost of providing a reasonable accommodation by lowering your salary or paying you less than other employees in similar positions. This page was posted by the Office of the General Counsel, and like other similar pages on nlrb.gov, it has not been reviewed or approved by the Board. If salaries are public, it could lead to lower morale among employees. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation. This article explains which records must be kept privateand what to do if the confidentiality of your records has been violated. Johnson encourages job-seekers and workers to check their state's Department of Labor sites for more information. Then they may not be able to fire you for refusing to disclose. A Division of NBC Universal, 10'000 Hours | DigitalVision | Getty Images, How this 25-year-old earns and spends $33,000 a year in Chicago. Yes, your employer can disclose your salary to other employees. Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. If the salary will deviate from your policy, document the reasons for the exception, and have someone up the chain review and sign off on it. Your Right to Discuss Wages | National Labor Relations Board Although most employees have the right to discuss wages and compensation, there are a few types of workers who can't lawfully discuss their pay: Not only is it illegal under federal law for private sector employers to prohibit employees from discussing pay, but in some states, the laws go so far as to require employers to disclose pay ranges to employees or job applicants. Employment verification typically requires basic information, such as job title, responsibilities, and dates of employment, but every state has its own laws regarding what information employers can disclose about current or former employees. No. Can an employer disclose an employees salary to other employees? Yes. When salaries are public, they can identify pay disparities between different employees. A. Q. Yes. Talk to an Employment Rights Attorney. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission. Talk to an Employment Rights Attorney. This could lead to conflict and tension among employees. The employer had a handbook policy against discussing wages, but it was found to be unlawful by the NLRB. ", Now, as workers weather the pandemic with more job opportunities and promise of flexible work than ever, Johnson says, "we're coming out of a less transparent period. Very few rules specifically require employers to keep other types of personnel records confidential. 7. The House reintroduced and passed the legislation last spring, but the Senate failed to advance it. Can my CA employer let co-workers know my salary details? For example, reasonable accommodation may include: An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense. If you have any questions about your rights under the National Labor Relations Act, please call us at 1-844-762-6572. There are no federal laws that prevent what information your employer can or cannot disclose about former employees. Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. If salaries are public, it could lead to lower salaries overall. Deductions from Wages | Department of Labor & Employment - Colorado Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. And many states have passed pay transparency laws for employees. Employees can discuss their salaries without reprisal from their employer. No. Employees who get paid less than others may feel they are not valued as much by their employer. One typically considers salary information to be shared by your employer just with IRS," he said. For example, an employer may not deduct the cost of damage to a company car from an employee's wages. However, smart employers observe some common sense protocols to maintain the privacy of records that could cause legal problems if they fall into the wrong hands. They may get concerned that their coworkers will judge them based on their salary. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. Publicizing salaries can be time-saving for employers, too, by attracting job-seekers and weeding out those whose expectations don't match up. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. If making an existing facility accessible would be an undue hardship, the employer must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless to do so would be an undue hardship. Employee compensation is a sensitive subject, one that many employers would like to keep secret. As of 2020 and per Cincinnati'sProhibited Salary Inquiry and Use, employers in the city are banned from asking applicants about their salary history. California Equal Pay Act - California Department of Industrial Relations A glance at the language on The Work Number's website suggested to Stephens that the firm is . Employees look for ways to be more open with their employees. Can an Employer Speak to Other Employees About Other Coworkers? Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. Save my name, email, and website in this browser for the next time I comment. They may need to share salary information to ensure everyone is treated fairly. Do I have to pay for a needed reasonable accommodation? all employers, including State and local government employers, with 15 or more employees after July 26, 1994. providing or modifying equipment or devices. But they could have a policy in place that prohibits such discussions. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't. It will give you similar jobs in the market and the pay scale a place to start when determining what youll pay your employees. This question has a slightly more complicated answer. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. And workers can ask their employer for the salary range of their current role. Are you unknowingly infringing on employees legal rights? Employers must provide the pay range of a job after they've made an offer and if the applicant asks for it. Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. In many cases, even if you are embarrassed by the breach, you might not have any legal recourse unless someone at work used the information in an illegal way (for example, as a basis to discriminate against you). Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with other employees at their workplace about their wages. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. While employees are free to discuss their wages with one another, there must still be some degree of confidentiality. An official website of the United States government. Even informal, unwritten policies or practices, such as when supervisors urge employees not to discuss pay, are illegal under the NLRA. Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws. It could be something other than just a matter of pay rate. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Applicants, as well as employees, are entitled to reasonable accommodation. This article explains which records must be kept private and what to do if the confidentiality of your records has been violated. If someone feels underpaid, it can lead to frustration and resentment. However, your employment contract may prohibit your employer from disclosing your salary information. If your employer is violating the NLRA or President Obamas Executive Order regarding salary discussions, you have rights. However, if you work for someone who's willing to do this kind of thing, which is totally unprofessional, I wonder what else is going on. Subscribe to our blog for the latest employment law news. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. There is a common misconception among employees that you cannot discuss your pay with others. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Without speaking to you, Bob goes to your companys Human Resources Department and demands to know what you are being paid. A. The federal government has laws that protect employees from discrimination. All-inclusive HCM service and technology to streamline your processes and procedures. If none of these apply, the employer should not disclose an employees salary to others. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation.

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