Can Employers Legally Prohibit Employees from Discussing Their Pay in Writing?

It might seem odd that employers would attempt to prevent employees from discussing their pay. However, there are indeed circumstances under which employers can make such policies and what rights employees have under the law.

Absence of Legal Prohibition

In most cases, employees have the right to discuss wages or work conditions with each other, both in writing and in person.

Employer's Authority and Consequences

Employers are not typically allowed to interfere with the right of employees to discuss wages in a way that would chill the discussion. Legislation such as the National Labor Relations Act (NLRA) specifically protects this right. However, employers can establish policies that can make it a firing offense to discuss wages, particularly if such discussions occur during working hours.

Examples and Exceptions

Discussing Wages: While employees usually have the right to discuss their pay with each other, this right can be restricted during working hours. Company Policies: Employers can set policies that prohibit discussing company matters, including pay, on social media or during work hours, which could lead to termination. No Legal Recourse: If an employee is fired for discussing pay, they generally have no legal recourse in the United States without additional protections.

Federal Protections

The National Labor Relations Act is a federal law that specifically protects the rights of employees to organize and have discussions about wages and working conditions. This act explicitly includes the right to communicate with coworkers about wages.

Discussion Rights Outside Work Hours

Under the NLRA, employers can allow discussions about wages during non-working hours but can restrict such discussions during working hours. Employees can also discuss pay with labor organizations, worker centers, the media, and the public; these discussions often serve as a precursor to collective action for mutual aid or protection.

For detailed information and legal guidance regarding these topics, employees should refer to the National Labor Relations Board (NLRB) resources or consult with a legal professional.