Issue: The National Labor Relations Act (NLRA) makes it illegal to punish employees for discussing pay, benefits or working conditions.
Risk: Many employers believe that such NLRA restrictions apply only to unionized employers. Not true!
Action: Remind supervisors that they can't muzzle employee gossip. You can, however, set certain communication rules.
You may not like the idea of employees comparing their bonus checks or discussing their managers in the break room, but don't even think about trying to silence such off-duty chats. If you do, you could run afoul of the National Labor Relations Act (NLRA), regardless of whether you employ a unionized work force.
As two recent rulings show, the NLRA makes it illegal for you to ban or punish employee discussions of working conditions, pay, benefits or promotions. Also, several states consider employer bans on salary discussions a violation of "public policy."
Case 1: The National Labor Relations Board (NLRB) struck down a California day spa's policy that said employees would be disciplined for any "negative comments" about managers or co-workers. The board said employees could construe the policy to prevent discussions that might affect their working conditions. (KSL Claremont Resort v. SHERU, No. 32-CA-20417, 2005)
Case 2: NLRB also ruled against a company whose handbook said it "recognizes and protects the confidentiality of any information" concerning employees. NLRB said employees could view that wording as a ban on discussions about pay and work conditions. Such a ban would violate the NLRA. (Cintas Corp. v. UNITE, No. 13-CA-40821, 2005)
Key point: While you can't limit such off-duty discussions, you do have the right to set reasonable rules about talking on the job if maintaining a quiet workplace is a business necessity. Example: You can tell employees to discuss nothing but business in front of customers.
Final tip: Several powerful unions recently split from the AFL-CIO and announced renewed efforts to organize service workers. These unions are looking for obvious targets. Banning workplace discussions about pay and wages could quickly put you on the list.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/1012/dont-try-to-silence-employees-who-compare-pay-perks "
- The new FMLA: Top 10 changes you must comply with
- Rethink noncompete contracts after big Supreme Court ruling
- Managers may be personally liable under old bias law
- Employees who don't meet whistle-blower law requirements still have legal protection
- 'How may I insult you?' Rude salespeople ignite bias suits