Fired for discussing wages?

Gilymon

In California there was a recent Superior Court ruling under the "fundamental public policy" that prohibits pushisment of employees who disclose the amount of his/her wages. Does anyone know the case and can you tell me where to find the ruling?

Pork

I belive that came out of the NLRB, as a free right to communicate with peers or anyone else as a labor practice for reasons to organize. We kept our "do not talk to others about your income or you are in violation of company policy". It helps to keep down the discussions, but it still goes on and our ability to punish anyone will not stand up in court. So don't let it get that far; comprimize, when you have or need to keep peace in the family.

AJ SPHR

I've seen recent discussions about this on other HR sites and it's definitely a protected activity, to the point that you should NOT have a policy forbidding, nor should you verbally tell employees not to tell others what their salary is. And most importantly, to not discipline them if they do. You CAN discipline someone for revealing salary information on someone else (e.g., if someone in payroll tells an employee what another employee's salary is). I don't know the name of the case, but you could probably google it and find it.

Don D

Both are correct that it's a violation of the National Labor Relations Act to prohibit, attempt to prohibit or discipline an employee(s) for discussing terms and conditions of employment. And, that extends to wages. Any employee has a protected right to discuss, publish or otherwise reveal their wage/salary information. If you really must find it, I recommend a quick call to the regional National Labor Relations Board, in the federal section under DOL. Ask to speak with an agent. They are attorneys and can cite and fax you the appropriate material.

PS: Pork's workplace is in violation of federal law whether a complaint is filed or not and regardless of whether they attempt to discipline. Merely having the policy, and much worse, publishing it, is an act of defiance and tends to stifle the freedom the workers have to engage in concerted activity, including discussion of wages. If his intent is to claim, "Oh, we know we can't do anything about it, we just have the policy for the heck of it", that won't fly when the investigator comes to town.






Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

Pork

THANKS "DANDY DON": I knew you would poor water on my sand castle. Well so be it, I'll just have to play in the wet sand with my "Pigges". Here piggie, piggie, piggie!!!! Who ever said I would run and play stupid, or "I/we didn't know, HOG manure". When the NLRB comes a looking I'm going to treat them with some of the best PORK in the world, cooked in many different and tasteful ways and explain our policy and procedures for taking care of our employees.

You know, I have not found one government agency that is not willing to listen and assist the employer, when we are in trouble, as long as we are taking care of the employee. If and when we need to remove the communication policy because it hurts the employees ability to function, I am sure the company owners will hear my recommendation and rip the section out of our policy "employee handbook".

Got to go kill a turkey, ya'll have a Blessed Week-end, GO "BULLDAWGS" ALL THE WAY TO THE FINAL FOUR, and a National Championship!!

PORK

LarryC

Pork, I like what you say and how you say it....all except for the Bulldawg part. My dealings with G-people have been similar to yours. Showing "reasonableness, good faith, and good effort" goes a long way. I haven't tried the pork thing, but it sounds like a good idea.

LarryC

Don, when we read your disclaimer are we supposed to read it really fast like the guys at the end of car commercials do?

HRsage

Welcome to the forum Gilymon. All the above posts are correct and provide great info. If you still need specifics on the CA case, here is a starting point.

[url]http://www.hrcalifornia.com/cid.cfm?web=469&cid=lle_aug2202-1&skipsearch=1[/url]

Pork

DITTO, DITTO TO THE WELCOME, by the way I type in "screaming" ever now and then do not get alarmed, but I'm old and hard of hearing these HOGS OF OURS ARE OH SO LOUD, really I'm whispering trying not to wake up my friend "Dandy Don", he hovers over this network because he has been in the HR business since "Noah" landed on the shores of Mississippi, which is God's country and home of the "BASKETBALL-BULLDAWGS". Southern Cal came a visiting last week-end and sent our "diamond dawgs" to the "dawg house". MAYBE WE'LL GET A CHANCE TO SEE THEM IN THE OMAHA!!!

pork

Gillian3

The relevant Ca. Labor Code is #232