Discussing your salary at work

Q: I recently found out that one of my employees has been sharing his salary with other employees and posting it on his Facebook page. A few employees who make less than him have complained about their wages. The worst part is the morale in his department is suffering. Can I punish the employee for discussing his salary? Can I issue a written policy prohibiting employees from discussing their compensation with other employees and on social media websites?

A: The answer to both of your questions is no. While you may wish to keep the salaries and other details of your employees’ compensation confidential, both federal and state law protect an employee’s right to discuss compensation both inside and outside of the office, including on social media websites.

Under the National Labor Relations Act, which applies to most private sector employers like you, employees have the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Discussing compensation is included in such concerted activities. The National Labor Relations Board has long considered employers who have pay secrecy policies or who retaliate against employees for disclosing their wages to be in violation of the Act.

New Hampshire law also protects employees who wish to discuss compensation by prohibiting employers from requiring that they refrain from disclosing their salaries as a condition of employment or requiring that they sign a document stating that they will not disclose their wages. New Hampshire law also prohibits employers from retaliating against an employee for inquiring about, discussing or disclosing the employee’s wages or the wages of another employee by, for example, demoting or terminating the employee.

http://www.unionleader.com/article/20180618/NEWS02/180619425