Legal Question in Employment Law in California
Two part question:
1) I'm a teacher at a private school in California where the school requires teacher's to sign non-disclosure agreements that encompasses non-disclosure of wages between co-workers and subjects them to termination for violation of the agreement. Is this lawful?
2) Also, it was recently discovered after the staff pay was erroneously given to another teacher that male teachers seem to make significantly more than the female teachers, despite the fact that many of the female teachers have more tenure/experience. For example, this year I made $12,500 less than a male teacher that has worked there less than I have and has the same class load. This is roughly the same across the board and it was previously made apparent that the Board has favored hiring males over females to garner better enrollment numbers. Are these practices lawful/suspect?
1 Answer from Attorneys
Labor Code Section 232 generally prohibits employers from requiring employees to agree not to disclose the amount of his or her wages. It may be that the disparity in wages constitutes gender discrimination or violations of equal-pay laws. Without more information, it is not possible to say for sure.
This is an issue you should discuss with an attorney who practices employee-side labor laws, to determine how best to enforce your rights. I would not hesitate in doing so, in order to preserve as much of your claim as possible from statute of limitations issues.
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