Social Media

Is it illegal for employees to discuss wages?

Is it illegal for employees to discuss wages?

The employer had a handbook policy against discussing wages, but it was found to be unlawful by the NLRB. As a result, the employee was given back pay and offered reinstatement, and the employer changed its handbook. This case illustrates a common misconception — that employers can forbid employees from discussing their salaries.

Do you have to talk about your salary at work?

Money talks, but you don’t need to reciprocate. In an age of over-sharing, salary comparison should still be kept out of workplace conversations. Ever wonder if you’re being paid fairly, or what other people in your company are earning?

Is it bad to talk about your salary with co-workers?

Of course, discussing salaries can be problematic. Conversations can evoke feelings of jealousy and inequity among co-workers who most likely are unaware of the reasons for salary differences, including education, experience and training.

Is it good to have salary conversation with employees?

A multinational survey from Glassdoor found that 70 percent of employees believe salary transparency is good for employee satisfaction and 72 percent believe it’s good for business. But in another study, researchers found that 89 percent of employees assume their coworkers would avoid a salary conversation if asked.

The employer had a handbook policy against discussing wages, but it was found to be unlawful by the NLRB. As a result, the employee was given back pay and offered reinstatement, and the employer changed its handbook. This case illustrates a common misconception — that employers can forbid employees from discussing their salaries.

What happens when employees talk about their salaries?

Conversations can evoke feelings of jealousy and inequity among co-workers who most likely are unaware of the reasons for salary differences, including education, experience and training. Suspicion, distrust and other negative emotions often result from salary discussions and seriously affect company morale.

Is there a Living Wage Calculator for your area?

WHAT IS THE LIVING WAGE CALCULATOR? Families and individuals working in low-wage jobs make insufficient income to meet minimum standards given the local cost of living. We developed a living wage calculator to estimate the cost of living in your community or region based on typical expenses.

Who are the people who make below the minimum wage?

People at or below the federal minimum are: 1 Disproportionately young: 50.4% are ages 16 to 24; 24% are teenagers (ages 16 to 19). 2 Mostly (77%) white; nearly half are white women. 3 Largely part-time workers (64% of the total).

What’s the minimum wage you have to pay an employee?

Federal law requires you to pay tipped employees at least the federal minimum wage (currently $7.25 an hour), even if you use a tip pool. 9  Some states have more generous rules about paying tipped employees. For example, California law says that an employer cannot use an employee’s tips as a credit towards the minimum wage. 10 

When does an employer have a legal obligation to pay an employee?

The employee has a right to see these records. If there is a dispute about part of an employee’s wages, you as the employer are still expected to pay the undisputed portion when it’s due. For example, if an employee says they are owed overtime, don’t stop paying the regular part of their pay while the dispute is ongoing.

What happens if you have a policy against discussing wages?

In fact, having a policy against it could get you in hot water with the National Labor Relations Board (NLRB) because such policies generally violate federal labor law. The National Labor Relations Act protects employees’ rights to discuss conditions of employment, such as safety and pay even if you’re a non-union employer.

Is there a law that you have to be paid minimum wage?

Federal laws that require you to be paid at least minimum wage for hours worked are enforced by the Wage-Hour Division of the U.S. Department of Labor. If your state does not have a specific law covering bounced paychecks, then you should consult with the Department of Labor and/or a local attorney to determine how to proceed. 4.

When does an employer have to pay unpaid wages?

Priority exists for unpaid wages owed to employees in an amount up to $4,000 in unpaid wages earned within 90 days before the bankruptcy filing. Wages include salary, commissions, vacation pay, severance pay and sick leave.

The employee has a right to see these records. If there is a dispute about part of an employee’s wages, you as the employer are still expected to pay the undisputed portion when it’s due. For example, if an employee says they are owed overtime, don’t stop paying the regular part of their pay while the dispute is ongoing.

Can an employer prohibit employees from discussing pay and salaries?

For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from President Obama. Obama Executive Order Protects Employees of Federal Contractors to Discuss Wage and Compensation.

Are there any laws that your employer is violating?

You may be wrong. Many employers regularly violate employment law, either knowingly or unknowingly. And there are a few laws that are especially popular to break. Here are five of the most common ways that employers break labor laws – with some of them being so common that most employees don’t even realize their rights are being violated.

What happens if an employee files a complaint against an employer?

Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they weren’t properly compensated. Hiring independent contractors instead of employees is one way businesses can keep costs down.

Is the employee protected by the whistle blowing law?

Employees filing wrongful, false, or ill informed complaints are not protected by whistle blowing law protection in most cases. Each state has their own laws and statutes regarding whistle blower protection, but in many cases, unfounded claimants are not protected from retaliation.

What kind of laws do employers have to comply with?

Employers are bound by strict federal laws that regulate paychecks and employee compensation. These laws govern everything from how employees must be paid and how records should be kept to how withholdings need to be itemized on pay stubs.

Can a employer force you to do something illegal?

Sometimes employers force employees to unknowingly or knowingly violate federal or state law. Employees who recognize that they are being pressured into lying on the behalf of their employer could become liable as well for the illegal behavior. Job security should never be based on illegal activity.

What are some workplace laws your employer may be violating?

1 Using prohibited questions on job applications. 2 Insisting you can’t discuss your salary with your co-workers. 3 Failing to pay you overtime. 4 Promising jobs to unpaid interns. 5 Asking or allowing you to work off the clock. 6 Classifying you as an independent contractor, but treating you like an employee.

Can a company retaliate against an employee for retaliation?

Retaliation can be demotion, harassment, excessive schedule changes, and so much more. But employees who experience retaliation are protected by the law and can add employer retaliation to their complaint against their employer.