Many employees believe their pay is a secret. Many employers write that belief into the handbook.
In most private companies, that rule breaks federal law.
The National Labor Relations Act gives covered employees the right to talk about their wages with coworkers. It applies whether or not you have a union. The National Labor Relations Board, or NLRB, enforces it.
What the law protects
If you are covered by the Act, you can discuss your pay in face-to-face conversations, over the phone, and in written messages.
You can have these conversations when you are not at work, when you are on break, and even during work if employees are allowed to have other non-work conversations.
The NLRB also says employees have the right to talk about wages with labor organizations, worker centers, the media, and the public.
The same guidance covers electronic communication, such as social media. Your employer may have a policy against using company equipment for unauthorized use. The NLRB says a policy like that could itself be unlawful.
You also have the right not to discuss your pay at all.
What your employer cannot do
Your employer cannot punish or retaliate against you for talking about pay with a coworker.
Your employer cannot question you about the conversation, threaten you for having it, or put you under surveillance because of it.
Your employer cannot keep a work rule, policy, or hiring agreement that bans pay discussions or requires permission first. Policies that discourage employees from talking about pay are unlawful too.
For most private employees, a rule against talking about pay is not allowed.
What this looks like in real cases
The NLRB has published cases on this exact issue.
A customer service representative at a diaper supply company was fired after she discussed her wages with another employee. The company relied on a handbook policy that the NLRB later found unlawful. The case settled with back pay and an offer of reinstatement. The company also changed its handbook to tell employees they can discuss their wages.
At a cheese processing company, supervisors told employees they would be fired if they discussed their raises. One employee was fired four days after he admitted he had talked about his raise. The NLRB regional office concluded the firing was illegal, and the case settled with $25,000 in back pay.
Who is not covered
Most private-sector employees are covered. The Act excludes some groups. These include government employees, agricultural laborers, domestic workers in a private home, people employed by a parent or spouse, independent contractors, supervisors, and employees of railroads and airlines.
Your job title does not decide whether you are a supervisor. The Act looks at authority. A supervisor has the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees. A supervisor can also direct them, adjust their grievances, or effectively recommend those actions. That authority must require independent judgment and cannot be routine or clerical.
So a person with "manager" in their title but no real authority over those decisions may still be covered. A person who holds that authority may not be.
The NLRB also says a supervisor who is discriminated against for refusing to violate the Act may be covered. If you are unsure which group you are in, ask an employment attorney before you share.
What employers should do now
Review your handbook and agreements. Look at your handbook, offer letters, and confidentiality agreements. Find any line that tells employees to keep pay private or to get permission before discussing it.
Remove or rewrite that language. Replace it with a short statement that employees may discuss wages with each other.
Train your managers. Managers should not ask who has been talking about pay. They should not threaten discipline over it.
Talk to an employment attorney. This matters most if you are unsure who counts as a supervisor in your company.
What employees can do
If you believe your employer is interfering with your right to discuss pay, write down what happened and when.
Then call your NLRB regional office at 844-762-6572. They can help you file an unfair labor practice charge. You can also e-file a charge on the NLRB website.
This article is general HR education and is not legal advice. Employment law changes and depends on your facts, so talk with an employment attorney about your situation.
Sources: NLRB, Your Right to Discuss Wages, NLRB, Employee Rights, NLRB, Protected Concerted Activity, and Congressional Research Service, The National Labor Relations Act: Background and Selected Topics.
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