Question: Can our employees discuss their pay rate with co-workers? What if they discuss someone else’s wages with another employee?
Answer: Employees are legally allowed to talk about their pay (and potentially their co-workers’ pay) at work, even if a company policy is created to prohibit it. Under the National Labor Relations Act, all employees (unionized or not) have the right to discuss working conditions like pay and safety. These discussions are considered “protected concerted activity,” meaning employees are acting together to improve their working conditions. However, if employees are sharing their pay information simply to brag, it may not be covered under the law. Also, there may be grounds for discipline if the employee obtains and shares the pay information of their co-workers through improper means (e.g., making a copy of a payroll report they find on a desk).
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