Can You Be Fired for Talking About Pay?

One question California employment lawyers frequently hear is, “Can you be fired for talking about pay?” Far too many employees don’t understand their rights regarding workplace wage transparency. This in-depth guide explains everything you need to know about wage transparency laws and workers’ protections.

Why Workers Avoid Discussing Pay

Some people view discussing salary with their colleagues as taboo. The long-standing belief is that openly talking about wages and other private information is rude or improper.

In reality, discussing wages helps identify any major gaps in that area. This information allows someone to advocate for fair salaries, but the fear of retaliation usually looms.

It’s a common belief that disclosing salary information with others in the workplace could lead to disciplinary action or even job loss. Are these employer retaliation tactics lawful? Can you be fired for talking about pay?

Some workers vow never to discuss salary information for these reasons, but the law says otherwise.

Understanding Employees’ Rights Under State and Federal Law

You might not be familiar with various labor laws unless you speak to an employment attorney. A lack of knowledge regarding employee salary rights may cause you to avoid wage discussions and never uncover any pay equity issues in the workplace. Check out some of your legal rights according to both California and federal laws.

National Labor Relations Act

This federal labor law extends to the majority of private-sector employees. The National Labor Relations Board oversees the legislation that makes discussing pay, working conditions, and other labor issues with coworkers a protected activity.

In addition, this law grants workers:

• The right to organize and join unions
• The right to collective bargaining with employers about joining labor organizations

Say you read your employee handbook and find a company policy that prohibits the discussion of wages with other workers. This marks a clear violation of the NLRA and ushers in fines and other legal consequences for employers.

California Equal Pay Act

Employment rights go beyond the federal level. In California, lawmakers encourage these types of conversations through the Equal Pay Act. The legislation protects employees who discuss pay rates and modernizes the way staff and managers talk about conditions of employment.

Under this law, workers may:

• Receive equal pay for substantially similar work, regardless of their gender
• Discuss wage information without facing punishments as pay discussion retaliation
• Ask employers about salary ranges for open roles

Can you be fired for talking about pay? Employers may use this tactic as a form of wage transparency retaliation. However, the law protects salary discussion rights and permits you to take legal action for unfair labor practices.

Pay Transparency Law: SB 1162

California Senate Bill 1162, also known as the Pay Transparency Law, officially went into effect in 2023. This legislation pertains not only to current employees but also to potential hires.

Say your company posts a job listing for your role, and you hear rumors that the salary for the new hire is higher than what you currently earn. Request a salary range from your employer regarding the position, and they must oblige you under this law. Job applicants can also request this information at any point in the hiring process.

This law encourages wage transparency across all enterprises so workers can advocate for fair wages. It also lets you see how your salary compares with evolving industry standards.

What Happens If You Lose Your Job After Discussing Pay?

Imagine a supervisor at your company hears you and a colleague discussing things like your work hours and differences in pay. The next day, you’re let go from your position without good reason. Several areas of employment law deem this an unlawful practice, though there are a few exceptions to be aware of.

The NLRA does not consider wage discussions a protected concerted activity for certain workers, including independent contractors, supervisors, and public-sector employees. Consult an employment law attorney to discuss your situation. They’ll determine whether being fired after your salary talk is grounds for a wrongful termination lawsuit.

Similar to a personal injury suit, these cases seek damages for the victim. Possible outcomes of successful cases include being reinstated at your job or earning financial compensation from your previous employer.

How To Discuss Salary Without the Fear of Retaliation

Can you be fired for talking about pay? The short answer is “no,” but many workers who are curious about wages aren’t sure how to approach the topic. 

These tips can help you minimize conflict stemming from such discussions:

• Consider when and where you’ll have the discussion: You may feel more comfortable talking about salaries one-on-one in a neutral setting.
• Never speculate: You should never assume a wage gap exists unless a coworker specifies their pay rate. Base all of your information on facts.
• Don’t push the issue on reluctant coworkers: Some people aren’t comfortable discussing confidential information, regardless of what the National Labor Relations Act states. Respect their right to keep their own pay private.

Take action if you receive any disciplinary action or threats from company leaders following wage talks. Keep a record of any statements you receive verbally, by email, or in text messages. Speak with your HR department in hopes of resolving the issue.

You could file a complaint with California Labor Commissioner’s Office to highlight the company’s unlawful practices. Taking legal action is another possibility if your employer retaliates against you.

Consult Employment Lawyers To Protect Your Rights

Can you be fired for talking about pay? Will non-disclosure agreements affect your ability to discuss your terms of employment? These are just some of the many questions that California workers have.

D.Law deals exclusively with employment protections and will help you understand your rights. Whether you want to fight for equal pay or seek damages for any unpaid wages, our dedicated attorneys are here to help. We have years of experience and understand the complexities of federal and state laws.

Reach out to D.Law today at (818) 275-5799 for a free consultation.