#HelpNeeded #LegalAdvice #WageDiscrepancy
So, I’ve been at my job for about 2 months now, navigating the ropes of being an entry-level manager. I had negotiated for a wage of $17, but ended up with $16.25 – not a huge difference, right? However, a conversation with one of my employees revealed that he’s making $15, which got me thinking: do I deserve a bump up in my salary?
I hear whispers about wages and discussions around the office all the time, and I know that bringing it up may not be the most favorable move, but this situation feels a bit off to me. Should I address this with HR or just leave it be?
Is this legal? What do I do? 🤔
Have you ever experienced a wage discrepancy at work? Let’s discuss in the comments! #TransparencyIsKey #KnowYourWorth
(Poll: Have you ever negotiated your salary at work? – Yes/No)
WTF is a lesser?
Sounds like you are a manager in some kind of supervisory role.
Most employees in the private sector are covered under the NLRA. The law does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited exceptions).
So if you really want to fight this, you would want to look up the supervisor exemptions in the NLRA.
If you’re in the US you am have a federally protected right to talk about your pay under the National Labor Relations Act. It is illegal for your employer to tell you to stop, punish you in any way.
It’s also absolutely illegal for them to cut your pay, that’s the definition of retaliation.
It’s also absolutely illegal for them to retroactively cut your hourly rate. Example – you work Mon – Fri, and on Thursday you get bitched at. They can not go back and reduce the hourly rate for hours you already worked Mon-Fri. They can ONLY change your hourly wage for future work, after notifying you.
If they fuck with you at ALL you need to call the state’s department of labor
[National Labor Relations Act](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=When%20you%20and%20another%20employee,way%20for%20having%20that%20conversation.)
Talk about it more. That’s what I’d do and then sue them for retaliation.
So I was talking to one of my lackeys about pay
In the United States, it is illegal to bar you from discussing wages at work, or even have a written or verbal rule stating it is prohibited. This is true for most mid- to large-sized employers. There are a few exceptions – the two biggest being that employers must have a certain number of employees before the protections apply to them, and managers and HR types are usually prohibited from discussing the salaries of anyone but themselves.
[https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages)
To quote the relevant section:
“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. You have these rights whether or not you are represented by a union.
“Legally protected conversations about wages may take on many forms, including having conversations about how much you and your colleagues and managers make, presenting joint requests concerning pay to your employer; organizing a union to raise your wages; approaching an outside union for help in bargaining with your employer over pay; filing a wage claim with the U.S. Department of Labor or a state agency or filing a wage and hour lawsuit, and approaching the National Labor Relations Board for more information on your rights under the NLRA.
“In addition, you have the right to discuss and engage in outside activity with other employees concerning public issues that clearly may affect your wages – for example, the minimum wage or right-to-work laws. You may also discuss supporting employees who work elsewhere.
“You also have the right not to engage in conversations or communications about your wages.
“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. It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations. 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. If your employer does any of these things, a charge may be filed against the employer with the NLRB. “
I don’t think managers are protected when it comes to discussing wages.
For some stupid reason (Taft-Hartley Act) managers are NOT protected to discuss their pay. Proceed with caution.
You got it in writing now call some lawyers. Enjoy.
Law suit waiting to happen
Dude please let him and sue omg I wish this would happen to me
The only reason they want to crack down on wage talk is so they can exploit employees without consequence. Your right to discuss your wages is legally protected.
The answer to your question is your second picture, OP.
Send the asshole that link.
Let him know you’ve screen-shot the conversation.
We need his reply lol
“Actually, I did some research, and found to be illegal to request an employee to not talk about pay. Just wanted to let you know because that can get you in legal trouble. If I hear people talking about pay, I won’t say a word, as it is their right.”
This is completely illegal, keep all written documentation because they’re probably going to make an excuse to fire you and what they’re doing means you can easily sue for quite a bit. You might want to mention that that’s completely illegal or just sue them.
#Illegal. Keep texts for evidence and ONLY text about this matter from now on, for your records.
I’m assuming you’re not gonna follow the standard antiwork advice of sending a link, mic-dropping and throwing a bunch of money at a lawyer, so I say quietly contact your state’s department of labor, give them screenshots of this conversation, and let the dice fall where they may. This certainly seems like your employer is “interrogating” your discussion of wages, and “threatening” you for having that discussion, in the NLRB’s terms. Even if your boss doesn’t actually follow through, it seems he/she has already broken federal law by sending you that text.
Taking about wages to others is federally protected. Don’t care what any company says, there’s no way to *legally* inhibit an employee from discussing and sharing wages, no matter what clause or bs you sign. It’s a regulated action at the national level, period.
Naw this is illegal in all 50 states. Report them to the DoL in your state.
I’d continue doing it, let them fire you, and then sue them. But you may not yet have achieved the level of workplace pettiness I have
Let them discipline you, cut your pay or fire you.
Then you have a juicy lawsuit
It’s legal. Take legal action if there are any consequences.
I’m hearing we’re talking about our pay at work.
This is illegal and you should take these messages to the NLRB.
Don’t forward them the law they won’t care.
Do keep talking about your pay at work and keep a paper trail so when they fire you, it’s a slam dunk case.
You should thank your boss: Two violations of the law – trying to prohibit a legal act and retaliation – and all in a savable text form.
Sounds like you know it’s illegal. Send that to your labor board
So good of them that they put it in writing, but also Florida so I’m not sure you will get help as that dol is absolutely fucked from what I hear. Prob best to do nlrb.
Call the DOL and report them if they take any retaliatory action against you, and in fact, talk about your pay more and loudly. If they take any retaliatory action you can sue the shit out of them. And trust me, you’re gonna love the thrill and rush of taking that douche to the cleaners.
Source: Been there, done that, got the check. 🤘🏻
It’s against the law to attempt to stop people from talking about what they make at work. Contact the DOL and report them.
Report report report, and then sue. Companies are so stupid for saying these things, much less over text
Sounds like you got a juicy lawsuit lining up, good on you
Save any communication you have discussing what will happen if you keep talking about your pay
What a fuckin lump
Lovely of them to put this in writing for you! Super illegal on their part.
In writing and everything. Just keep on talking about it. And if they take any more corrective actions you got yourself a wonderful lawsuit on your hands
Given the two images in your post you already know it’s not legal.
Let them retaliate against you, document everything along the way. Get everything in writing. And take them to court.
You can already turn in what they said to you to the labor board. Threatening to cut your pay over discussing it is illegal.
My favorite part is how willing you were to sell others down the river, but then when he said “no, you,” you came here.
Dude. File a complaint. It’s anonymous, and you have proof.
Also, 16.25 is a bullshit wage for a manager. You can find somewhere better, especially if you’re treated like this.
Please don’t say lesser. Say “direct report” if you’re in a management role. But yes, talking about pay is completely legal and protected. Boss is in the wrong and can fuck off if they don’t like it.
Time to call a lawyer. They just threatened you with retaliation in writing. They’re obviously not too bright…