BOP NEWSLETTER • April 2023

Q: We have a problem with employees discussing their wages with each other. We would prefer they keep this confidential, and we’ve even informed them that disclosure of this information can result in termination. What else can we do to prevent these discussions from happening?

A: Unfortunately, there is nothing that you will be able to do. In fact, asking them to keep their own wage information confidential and/or subjecting them to disciplinary action or termination if they don’t follow that rule is against the law.

Today, under the National Labor Relations Act (NLRA), employees are allowed to engage in “protected concerted activities.” This includes the ability to discuss one’s pay, benefits, and working conditions with other employees. Employers are prohibited from having a policy preventing such discussions or disciplining or otherwise adversely affecting an employee’s employment as a result of exercising this right.

It should be noted that this right extends to social media content and discussions as well.