Employees and employers share a common misconception about workplace rules that prohibit employees from discussing their salaries or hourly pay rates. Many employers and employees incorrectly believe that employees are not supposed to talk about wages with their coworkers and it is permissible for employers to enforce policies that probit workers from talking about their pay.
The National Labor Relations Board (NLRB) has takes the position that employees have the legal right under the National Labor Relations Act (NLRA) to discuss their “terms and conditions of employment” with one another, including their wages and benefits. This right applies in both union and non-union settings. The NLRB routinely finds companies that forbid employees from discussing their rates of pay to be in violation of the NLRA. More important, the penalties for violating the NLRA are severe. Employees who are unlawfully fired for discussing pay rates are entitled to lost wages and reinstatement to their jobs. Gibbons Leis, PLLC has represented employees before the NLRB who have been awarded significant back pay awards.
North Carolina employees should be aware of their employment rights. Employers are not permitted to implement rules and regulations that prohibit discussions about pay. If you have been disciplined or fired for talking about your pay, contact Gibbons Leis, PLLC to discuss whether you have a legal claim.