In this episode of the Employee Survival Guide Mark discusses your right to pay transparency at work. #SayYourPay
It is not surprising that a large number of American workers (around 50% of all employees according to some recent surveys) including managers incorrectly believe that you can be disciplined or even terminated for discussing employee wages. In fact, employees have the legal right to voluntarily discuss their wages with each other pursuant to Article Seven of the National Labor Relations Act (NLRA). This law has protected this right since 1935!
State law and local jurisdictions have more recently enacted laws that make it illegal for private sector employers to discriminate against employees for discussing compensation. California, Colorado, Connecticut, Delaware, Maryland, Nevada, Rhode Island, South Carolina and Washington have enacted such laws in recent years. New York City and several other major cities have followed suit. All of these laws seek to expand the existing protections against pay discrimination under the Equal Pay Act of 1963, which requires employers to pay women an equal amount paid to men for the same position.
These state and local laws generally impose an affirmative duty on employers to disclose pay ranges for positions when requested by employees or prospective applicants. Generally, these laws require employer disclosure of salary ranges for a position at time of hiring, when an employee changes positions within the organization, or upon request. Colorado and New York City actually require that disclosure of pay ranges be included in all job postings!
Listen in and send Mark any comments you have. Free speech is welcomed here. mcarey@capclaw.com. Thank you.
This episode was written by Chris Avcollie, edited by Matt Zako, and produced by Mark Carey.
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