You have worked hard to find and keep your job, so you may feel hesitant to discuss your wages at work. After all, you may have heard that discussing your pay or wages is illegal and could cost you your employment. However, in many cases, this idea is a misconception that benefits employers at the expense of employees.
Are You Legally Allowed to Discuss Wages?
In most situations, the National Labor Relations Act (NLRA) protects the right of employees in the private sector to engage in “protected concerted activities.” The NLRA defines these activities to include conversations about wages, discussions about benefits, and complaints about working conditions—these federal protections apply to you whether you belong to a union or not, and employers cannot fire or retaliate against you for exercising this right. In addition, the U.S. Department of Labor (DOL) has actively supported pay transparency initiatives to promote equity and fairness in the workplace.
Are There Exceptions to Pay Discussion Protections?
Some exceptions do exist to the general right to discuss wages though. For example, if you work in a supervisory or managerial role, your rights under the NLRA may not apply as far as wage and pay discussions go—additionally, your employer may have you sign a non-disclosure agreement or agree to privacy policies that aim to protect their confidentiality. While these agreement policies cannot prohibit wage discussions among employees, you should read them carefully to avoid breaching another legally enforceable provision and to understand your precise employment classification.
How Do Workplace Policies Impact Wage Discussions?
Employers often implement workplace policies to maintain professionalism and productivity, but these policies cannot overstep legal protections. For instance, while an employer might discourage discussions about pay to prevent employee dissatisfaction or competition, they cannot use disciplinary actions to enforce this course of action. If an employer chooses to punish you for this sort of discussion, they may violate federal or state laws and leave themselves open to an employment or retaliation lawsuit.
What Should You Do if Fired for Discussing Wages?
If you believe you were fired for discussing wages, you may have strong grounds for legal recourse. First, document any related conversations or actions that prove that your employer fired you for your conversations: emails, text messages, and official memorandums all count. Then, consider filing a complaint with the National Labor Relations Board (NLRB) or consulting with a lawyer experienced in employment law to help you protect your employment rights.
Guard Yourself Against Retaliation with the Marlton Employment Lawyers at Burnham Douglass
Discussions about wages help foster transparency, accountability, and fairness in the workplace—they help employees learn about potential pay disparities, advocate for better compensation, and close gender and racial pay gaps. Let our Marlton employment lawyers at Burnham Douglass protect your rights to have these discussions and advocate for fair pay. We will help you protect yourself against retaliation and guide you through your legal rights in case your employer violates them. Call us at 856-751-5505 or contact us online for a free consultation. Our Marlton and Northfield, New Jersey, offices serve clients throughout South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.