Legal Question in Employment Law in Florida
Follow-up to my two prior questions.
According to the answer I received to my most recent question,
''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.''
So if I understand correctly, it is ILLEGAL for a corporation to prohibit employees from sharing wage and salary information (according to the National Labor Relations Board), but it is LEGAL for that corporation to create a POLICY that forbids sharing that information.
Does that make any sense to anyone?
It seems that the ''at-will'' employment agreement gives corporations the ability to ignore any and all laws applicable to employee rights then.
Correct?
2 Answers from Attorneys
Re: Follow-up to my two prior questions.
It is a violation of the National Labor Relations Act to prohibit such communications.
Re: Follow-up to my two prior questions.
An employee may discuss their wages with other employees. The NLRB considers this to be protected and conserted activity. The NLRB will enforce this rule in union and non-union companies. You can find contact information for the NLRB at their web site, www.nlrb.gov. It is my opinion they would prohibit an employer from having such a written policy. Still, lawyers, employers, employees and even government agencies can have different opinions, that what courts are for.
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