Legal Question in Employment Law in Florida

Is it illegal for a company to prohibit employees from sharing wage information?

Is it illegal for a company to prohibit employees from sharing salary and wage information?

I found the following on a web site:

''Although not that many people are aware of it, it has actually been illegal to forbid discussions of pay since 1935. The National Labor Relations Board has consistently ruled that employees can share information about their wage with their co-workers. Workers who were fired for doing so have had their jobs reinstated by the NLRB.''

In fact any rule forbidding employees from talking about their compensation, benefits, or other terms and conditions of Employment is probably illegal, because it might be interpreted as prohibiting workers from exercising their right of ''concerted activity''.


Asked on 4/15/09, 4:18 pm

3 Answers from Attorneys
Danialle Riggins Riggins Law Firm, PA

Re: Is it illegal for a company to prohibit employees from sharing wage information?

It is not illegal for an employer to have a policy which prohibits employees from disclosing wage information.

Most employers have some form of a policy advising employees not to share what they earn. It is just a term of the "at-will" employement agreement.

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Answered on 4/15/09, 4:33 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Is it illegal for a company to prohibit employees from sharing wage information?

I would like to see your source on this topic. I don't think that it is accurate when the employees are all at will employees.

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Answered on 4/15/09, 8:53 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Is it illegal for a company to prohibit employees from sharing wage information?

After a response to this question I did some research and was surprised to find that the NLRB has indeed issued several orders holoding that it is improper for an employer to prohibit employees from sharing wage and benefit information, so I stand corrected. As the saying goes, you learn something new every day (and I am no exception to the rule!).

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Answered on 4/17/09, 9:33 am


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