Legal Question in Employment Law in California

Employer/Employee Contracts

Can an employer (in this case the OWNER of a school) insist that the teachers in his employ not discuss their salaries with one another? Can that same employer legally include a statement to that effect in the contract that one signs? What are the employees rights in such a matter?


Asked on 5/26/00, 11:18 am

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Employer/Employee Contracts

Labor code Section 232 prohibits employers from requiring that an employee refrain from disclosing the amount of his or her wages as a condition of employment. This statute also prohibits requiring that an employee sign an agreement waiving the right to disclose wage amounts and any adverse action taken against the employee for disclosing his or her wages. In addition, the National Labor Relations Act prohibits adverse action against employees (more than one employee) who gather together for their mutual aide and protection. In short, if a group of employees lawfully protest an employer action or policy, discipline or other discrimination against one or all is prohibited. A complete knowledge of the law in this area is critical before you "make a stand." I suggest you retain a local attorney to advise you and your co-workers.

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Answered on 7/06/00, 6:29 pm


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