Talking about wages at work can feel uncomfortable, and many employees fear backlash for doing so. However, in California, discussing pay with your coworkers is not only appropriate, it’s a legally protected right despite what some employers may lead you to believe.
Wage discussions are a critical tool for identifying pay disparities, negotiating raises, and advocating for workplace fairness. It is important to understand your rights if your boss is threatening to fire you over discussing wages with your coworkers.
Can You Talk to Other Employees About Wages?
According to California Labor Code 232, employees are able to talk to their coworkers about their wages, whether it is a one-on-one conversation, a group chat, or even on social media.
Employers are strictly prohibited from preventing employees from disclosing their own wages, requiring them to sign agreements waiving their right to disclose wages, and retaliating against employees for disclosing their wages. If they are caught violating employee’s rights, they can be held liable for negligence and be subjected to a variety of penalties.
When Did It Become Legal to Discuss Wages With Coworkers?
Wage transparency protections have existed at the federal level since the National Labor Relations Act (NLRA) was passed in 1935, which granted workers the right to engage in “concerted activities,” including pay discussions.
However, California solidified and expanded employee rights through Labor Code 232, which made it illegal for California employers to discipline or discharge employees for discussing their own wages. Since then, additional state laws like the California Equal Pay Act (amended in 2016) have further emphasized transparency as a key tool to combat pay discrimination.
Is Talking About Wages a Federally Protected Right?
Under the National Labor Relations Act, employees have the right to communicate with their coworkers about their wages and to a larger extent, anyone outside of work.
This rule is applicable regardless of employment status, whether employees are part of a union or not, and whether they are part of the private or public sector.
In fact, companies who are enforcing any workplace policies that specifically prohibit the discussions of wages could be unlawfully restricting employees’ rights.
Can HR Tell You Not to Talk About Wages?
A company’s HR department can create and enforce rules regarding when, where, and how workplace conversations happen, especially if they’re disruptive, but they typically cannot legally ban you from discussing your wages.
If your HR department says you’re “not allowed” to talk about your wages, they may be violating both California Labor Code § 232 and to a larger extent, federal law. This is true even if the rule is found in an employee handbook or company policy.
Why Is It Inappropriate to Discuss Salary With Coworkers?
Some people may view wage discussions as uncomfortable, unprofessional, and ultimately inappropriate due to the possible workplace disputes it may cause. However, to many people’s surprise, the notion that discussing your salary is rude or inappropriate is an outdated belief that may have stemmed from more conservative workplace cultures.
There is nothing inappropriate about coworkers discussing their salary. The lack of transparency behind wage secrecy actually promotes unethical workplace practices such as wage discrimination, unfair compensation practices, and even favoritism. By having employees talk about their wages, it ensures equity, transparency, and accountability, especially in California, where strong labor laws encourage openness.
Can an Employer Fire You for Discussing Pay?
An employer cannot lawfully fire an employee for discussing their wages in California or else it would be considered as retaliation as per California Labor Code 232.
This law applies to both private and public sector employees and if the employer is guilty for firing their employees for retaliatory reasons, the employee can file a wrongful termination claim and can potentially recover any of the following:
- Reinstatement of employment
- Payment of lost wages (back pay)
- Non-economic damages (pain and suffering, emotional distress, etc.)
It is also important to note that even if you signed a confidentiality agreement or employee handbook with a pay secrecy clause, such provisions are likely unenforceable under California law.
What to Do if You Were Fired for Discussing Your Wages With Your Co-Workers?
If you were fired, demoted, disciplined, or threatened for discussing pay amongst your coworkers, it is urged to gather as much evidence as possible and take legal action immediately with La Dama Justicia.
With over 15 years of experience fighting for women and marginalized communities, the legal team at La Dama takes a creative and passionate approach to fighting employment cases and are confident they can give your case the legal representation that it deserves.
Backed by one of the top employment law firms in California, the attorneys at La Dama will analyze your case and create a personalized legal strategy to ensure your rights are protected and justice is served. Should you have any questions or concerns regarding your case, the legal team at La Dama Justicia will be there every step of the way.
Contact us today 818-JUSTICE or by filling out our online contact form for a free consultation and take the first step toward getting the justice that you deserve.