Discipline issue in Alabama

[HRInfo]

Can an employee be disciplined for discussing their salary information with a co-worker. We have differing views here.

[cbg]

An employee cannot be disciplined for discussing THEIR OWN salary with a co-worker. That falls under protected behavior under the NLRB.

However, an employee who discusses someone else's salary can and should be disciplined. (Personally, I'd fire them.)

In other words, I can tell Beth what I make, and Beth can tell Patty what she makes. But if Patty tells me what Beth makes, Patty is out the door.

[Texas709]

Hey, cbg,

It's been a long time since I managed payroll or HR, but I do know that management has told employees that discussion of pay is a 'terminable' offense since shortly after Og hired Oog to round off the rough spots on his stone wheel.

I remember the 5th Circuit (New Orleans) and, I believe, the 10th Circuit (Denver) ruling that salary discussions among employees was concerted activity, but no longer have any details. I don't remember the distinction being nearly as severe as saying a first or second party discussion is okay, but a third person conversation was not protected.

Now I don't find anything on a cursory review of 29 CFR. Wher'bouts is your information? Thanks

[cbg]

I don't have the info handy - I'm on site today and my materials are at home. Will have to post it later.

But just because employers are telling people that discussion of pay is a termination offense, doesn't make it legal to do so.

[HRInfo]

Thank you for your help.

[Texas709]

that whatever management tells employees is true, or enforceable. I merely point out that the party line has been for years that pay is verboten as a subject of conversation. Of course, management has terminated people for other things that are protected activity, as well.

No hurry--and maybe no real resolution, cbg. It's an interesting area.

[cbg]

Okay, after going back and reviewing my SPHR materials (the exam was a long time ago ) here's how I'm seeing it.

The employees' right to organize is guaranteed. As part of that right, they have the absolute right to discuss the terms and conditions of their employment, which has been determined by the National Labor Relations Board to include wage and salary information. I didn't dig deep enough to get the exact decision; I can if you need it.

However, while I have the right to decide to tell you what I make, Patty does not have the right to make that decision for me. So if I want to quietly get together with you, Texas, and quietly discuss our wages with the eye to potentially organizing (or for any other reason) that's protected. But if Patty tells Beth what I make because she thinks she's underpaid and wants Beth to support her in an attempt to get a raise, that's revealing confidential information, because I did not authorize Patty to give Beth information about what I make.