Β #WorkplaceRights #EmployeeRights #DiscussingPay #FilingComplaint π
Hey everyone! π Have you ever been reprimanded or interrogated for discussing pay at work? It seems like a common issue that many of us face, but did you know that some companies actually have it written into their employee handbooks that you can’t talk about your salary with coworkers? π±
If you’re in a nonprofit organization operating in the state of New Jersey like me, and you’re looking to file a complaint against your employer for this unfair policy, you’re not alone. Here’s a couple of steps you can take:
– Check the company’s official complaint procedure outlined in the employee handbook.
– Reach out to the Equal Employment Opportunity Commission (EEOC) to report any discriminatory practices.
– Consider speaking with a labor attorney for legal guidance on next steps.
Remember, discussing pay is a protected right under the National Labor Relations Act, so don’t be afraid to speak up if you feel your rights are being violated. Let’s empower each other to stand up for fair treatment in the workplace! πͺπΌ #KnowYourRights #StandUpForFairness
Department of labor.
How nice of them to document their illegal policy.
[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)
FYI it’s not a crime. It violates the National Labor Relations Act, so at worst they would have to change the handbook. It’s just a policy they can’t legally enforce (like most HR policies). Nobody at the company is going to jail or paying money to anyone because this was in the handbook or an e-mail etc. However, if they fired you and the reason they gave was “because you talked about wages with other employees”, it would 100% be wrongful termination.
Always discuss wages
This is how I found out I made less as a manager than new hire cashiers when I worked retail. So glad it’s not illegal even if the employer pretends it is
So not what you want to hear… You are protected for discussing wages with coworkers OUTSIDE OF work, BUT you are NOT protected for doing so “AT WORK” meaning on the clock/on the premises.
There are carve outs in the NLRB policies that discourage ‘labor organizing’ while on the clock – the employer is allowed to say that you aren’t allowed to do those activities when they are paying you to do work. So, in practice, employers can and do say that pay discussions come under “labor organizing” and use this documented NLRB exception to restrict pay discussions ‘AT WORK’.
Dol and nlrb.
It is rare that employers prohibit people from having casual conversations at work so they are probably in the clear for discussing wages while at work. Also, it does state you can discuss wages while on break too.
National Labor Relations Board.
It is federal law that you cannot be fired for discussing pay. They can make a rule against it all they want – but punishing you (during/denied raises/denied promotions) are illegal.
Learn the phrase
“Company policy doesn’t override federal legal statutes”
And say nothing more. Let em dig themselves into a hole….
Actually I would say….”Lemme grab my phone to record this to refer back to later when I need to clarify your stance” (my state is single party consent). And if they say, “you can’t record, it’s against policy” then the answer is “Company policy doesn’t override state law, it’s a single consent state”.
This is illegal under the FLSA
Staye Department of Labor and the EEOC Both. DOL will fine them. EEOC will help you sue.
Someone’s already likely said it but make sure to have those write ups and handbook pages on hand.
Employers obviously donβt want you to but they cannot FORCE or MAKE you NOT discuss it . Thatβs illegal . And if they have documentation of that , report them lol