Second, employers cannot prohibit employees from discussing their wages. Both of these rules are meant to put historically disadvantaged groups on a more level footing.
In California, you cannot be asked about your past compensation and benefits. You also cannot be paid less because you made less at a previous job. Yonivo, No. But more often, pay secrecy policies are used to hide wage gaps. Because of this, California has passed laws that provide employees with the right to discuss their wages.
Your employer cannot prohibit you from sharing how much you make or asking other employees how much they make. It is illegal for employers to fire workers for talking about one's salary or wages at work. Your employer cannot retaliate against you , threaten to discharge , demote, suspend, or discriminate against you for exercising your right to equal wages.
When an employer pays you less than a peer of a different race or gender, you can bring a lawsuit to recover the amount of unpaid wages the amount of the wage gap plus a penalty in the same amount so basically, you receive twice the wage gap as damages. If you are sharing salary information, you need to do so with care. Make sure to only talk with coworkers you trust. Everyone involved in the discussion should promise to keep the information to themselves, no matter what they learn.
An even safer way to learn the salaries of coworkers is to talk with those who have already left your company — or at least moved to another department.
Lastly, never talk about your salary during work hours. You should save this discussion for an official break or after work. Otherwise, you're wasting company time in addition to having a risky discussion. Sharing salary information provides workers with an opportunity to organize and better overall conditions in general, says attorney Michael Rehm. This can lead to a collective bargaining effort, or simply an informal push for better wages.
Disadvantages of discussing compensation. Talking about your compensation can give you more information about conditions and pay across the company, but it can also sow discontent, Rehm says.
Employees may also turn on each other if they feel some people are getting more than others feel they deserve. Ideally, employers will continually inform workers how they might increase their salary range, through additional training, certification, and merit increases.
In other words, the best way for employers to discourage workers from discussing salary is to have a compensation system that everyone knows and understands.
This question has a slightly more complicated answer. While employees are free to discuss their wages with one another, there must still be some degree of confidentiality. The Human Resources office cannot discuss your salary with Bob because that is considered part of your confidential employee record. You have the right to share your salary with Bob, but others do not. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies.
More often than not, pay secrecy policies are unwritten and employees just assume they are not allowed to discuss compensation. Either way, these types of policies clearly violate the NLRA. But what about non-disclosure agreements? Non-disclosure agreements NDAs are confidentiality contracts that require two or more parties such as an employee and employer to keep specified information secret.
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