Employers set regulations and conduct standards for employees, but there are limits to what they include in these. One thing that shocks some California employees is that employers can’t forbid employees to discuss their pay.
The right to discuss wages is present even during work hours as long as the employees are allowed to talk while they work. In all cases, these discussions are allowed off the clock, away from the business and while on break. They can occur verbally or in writing. Union membership doesn’t change the right to talk about your pay.
Why would employees discuss their pay?
One of the primary reasons employees discuss pay and other compensation points is because they want to find out if they are being paid fairly. Open discussions about wages can lead to a lot of questions from employees.
It’s critical for employers to be able to account for differences in wages among comparable employees. These may come from factors like special certifications or additional training. Time with the company is another factor that often goes into an individual’s rate of pay.
Unfortunately, unearthing wage gaps can lead to tension among employees. Those employees may opt to pursue a legal claim against the employer regarding the wage gaps they discovered. Any employee who’s reprimanded or faces retaliatory behavior because they discuss their pay also has the option to take legal action. Working with someone who’s familiar with this area of law is beneficial since it can be rather complex.