Wage transparency is a growing topic of discussion in workplaces across the country, but many employees still feel uncertain about whether they can legally discuss their pay with coworkers. Some employers discourage or even outright prohibit employees from sharing their wages, making workers believe that discussing salaries is against company policy or could lead to termination.
In reality, California and federal laws protect employees’ rights to discuss wages openly. Understanding these protections can help you assert your rights and ensure that you and your colleagues are being paid fairly.
Your Right to Discuss Wages
Employees in California and across the United States have a legally protected right to talk about their wages with coworkers. Under the National Labor Relations Act (NLRA), employees in both unionized and non-unionized workplaces have the right to engage in “concerted activities” to improve their wages and working conditions. This means that discussing pay with coworkers, negotiating better wages, and addressing pay disparities are all legally protected actions.
Additionally, California’s Equal Pay Act strengthens these protections by ensuring that employees can discuss their wages without fear of retaliation. The law specifically prohibits employers from enforcing policies that prevent employees from sharing salary information or asking coworkers about their pay.
Despite the legal protections, many employers still discourage wage discussions because pay secrecy benefits the employer, not the employees. When workers do not talk about their pay, they may not realize they are being paid less than colleagues in similar roles. This lack of transparency allows wage gaps to persist, particularly affecting women and minority workers.
Employers who discourage wage discussions may do so to avoid pay equity claims, limit salary negotiations, or prevent union activity.
Many workers are led to believe that talking about wages is against company policy or unprofessional. Some employers even include wage confidentiality clauses in employee handbooks or contracts. However, these policies are generally unenforceable under California and federal law.
A common myth is that salaried employees or management-level workers do not have the same rights to discuss pay. While certain high-level managers may be restricted from sharing confidential salary data, the vast majority of employees are protected under labor laws.
Another misconception is that wage discussions must be formal or work-related to be protected. The law allows employees to talk about pay at work, over lunch, outside of work, or even on social media. As long as these conversations do not interfere with job duties, they remain legally protected.
If your employer takes any negative action against you for discussing wages—such as issuing a warning, reducing your hours, demoting you, or terminating your employment—you may have grounds for a retaliation claim.
If you believe you have faced retaliation for discussing wages, you should document all communications and incidents related to the issue. Keep records of any conversations, emails, or policy documents that suggest your employer discouraged wage discussions.
If you believe your employer has violated your right to discuss wages or retaliated against you for doing so, Abramson Labor Group is here to help. Contact us today for a free consultation to explore your legal options and ensure your rights are fully protected.