Discussing pay in the workplace is often deemed a sensitive topic by many individuals. According to a survey conducted by the Institute for Women’s Policy Research in 2017-2018, almost 50% of full-time employees reported that their employers discouraged or even prohibited discussions about salaries and wages.
However, VERIFY reader John questioned the legality of such practices and inquired via email, "Is it permissible for a company to require employees not to disclose their wages to their colleagues?"
Employees who fall under the NLRA have the right to discuss their pay with others outside of work, during breaks, or even during non-work conversations while at work. Additionally, written communication, including social media, is also an acceptable mode of discussing pay, despite some employers prohibiting the use of company equipment for electronic communications, as stated by the NLRB.
It is illegal under the NLRA for any policies that specifically prohibit wage discussions. Even informal, unwritten policies or practices that discourage employees from discussing pay, such as supervisors urging them to keep quiet, are considered illegal under the law, according to lawyer Melora Garrison's article on Nolo.
Furthermore, the NLRB prohibits employers from retaliating or punishing employees in any way for discussing their pay with fellow employees.
While private-sector workers can generally discuss their compensation with their colleagues, there are certain job sectors that are not covered by the NLRA and thus, employees in these sectors may not be allowed to discuss pay due to other laws or regulations. These sectors include federal, state, and local government employees, interstate railroad and airline workers, agricultural laborers, independent contractors, and employees of religious organizations involved in the organization's religious purpose. As a result, these workers are bound by their employer's policies and may not be able to discuss their pay, according to Garrison. However, there are still some protections in place for these workers. Some may belong to a union or work in the government, where salary information is publicly available. Additionally, some state and local laws may permit workers who are not covered by the NLRA to discuss their pay without facing consequences.
