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Can we do anything about employees discussing pay with one another?

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in Employment Law,Human Resources,Workplace Communication,Workplace Conflict

Q. Can we prohibit workers from discussing their pay with each other? This practice appears to be creating workplace conflict and damaging morale in the office.

A. No. In addition to the federal National Labor Relations Act, California law prohibits employers from:

  • Requiring any employee to refrain from disclosing the amount of his or her wages as a condition of employment
  • Requiring an employee to sign a waiver of the right to disclose his or her wages
  • Discharging, formally disciplining or otherwise discriminating against an employee who discloses his or her wages

California employers should note that state law is more expansive than the federal statute. While federal law exempts workers designated as supervisors from its protection, California law contains no similar provision. Therefore, employers should not prohibit any employee from discussing salary information.

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