In all the jobs I've had before, discussing wages and salaries felt strictly off-limits and entirely taboo.
If you're in the United States, the answer is YES. Yes, you can share and discuss your wages with your colleagues. Under the National Labor Relations Act (NLRA), "Employees have the right to communicate with other employees at their workplace about their wages." And, in 2014, President Obama signed an executive order that applied the same law to contractors and federal employees.
So, when redditor u/WillingPiglet posted in the r/antiwork subreddit about how they were reprimanded for discussing pay at work and were even told that rules against it were in the "employee handbook," people were rightfully upset and quick to call out how super unlawful that is for an employer to do. Let's get into it.
So, u/WillingPiglet (or Willing Piglet) says they're the senior-most host at a national US restaurant chain and make $14.65/hour. But when having a conversation with two other hosts, Willing Piglet found out that they both make $15/hour. Piglet said, "I was kind of like hold the phone because they were hired after me, and this is all three of our first hosting position. I immediately wrote on a sticky note that I wanted to have a conversation with the GM when she was in next."
"So, a few days later, we talk and she says, 'I’m going to raise your pay to make it fair, but you really aren’t allowed to discuss pay at work. It even says so in the employee handbook. I’m not going to fire anyone or anything, but just know talk about pay really has to stay between you and me.'"
I, and thousands of other commenters, want to know one thing: WHERE IS THIS EMPLOYEE HANDBOOK!?!? As many people are calling out, if this information truly is written in a handbook, Willing Piglet can find it and send it off to the National Labor Relations Board.
And many are pointing out that this could have serious legal ramifications for the national chain, especially if this is in the handbook or is documented by the employee:
"It's definitely against the law to tell employees they can't talk about pay. They tell you not to so the exact same thing that happened doesn't happen. They don't want to fairly pay you. Talk about it all you like and make them fire you so you can sue their ass off."
"If you have work email, contact the boss and verify that your reprimand was for discussing pay. If and when he responds, forward it to the Department of Labor in your state. That will cover you legally if there's retaliation."
"Employment lawyers work on contingency. Bring your case, and they will tell you what you can expect to win and what their fee is."
Whether legal action can be taken or not, other commenters are strongly encouraging Willing Piglet to get the incident documented regardless:
"If you ever run into trouble at work, always get it in writing. It's okay to play dumb 'for clarity' or to just confirm what was discussed. Then you have proof."
"It doesn't even have to be for talking about wages. Any actions against Willing Piglet moving forward can be considered biased because of this situation. Get the manager to either admit that they had a 'conversation' about discussing wages with other employees or at least not deny it in writing, and it can be used as evidence that the manager is biased against Willing Piglet. The argument is weak as is, but can be used to support other potential arguments down the road."
Willing Piglet actually came back with an update and said they got in touch with HR, who said that they were going to "have a talk" with the GM about company policies and the handbook, which actually does not say employees cannot discuss wages. She also told Willing Piglet not to fear retaliation, because they can call her if something ever happens.
Still, commenters were quick to call out that Willing Piglet should be wary of HR, too, because after all, they're representing the company.
"Important to remember that HR is hired by and works for the company first… They are essentially a relations manager between employees and company, but they’re going to defend the company whenever push comes to shove."
"Yes. HR is to protect the company, not the employee."
Personally, I hope Willing Piglet can find a new job soon, preferably somewhere that follows the law and actually knows their employee handbook. But we can all take away this important reminder: US employers legally cannot prohibit or retaliate against employees for discussing wages!
