Can an employer prohibit employees from comparing personnel evaluations and salary increases?
My employer's Code of Conduct forbids employees to share information about about annual performance evaluations and salary increases: i.e., I cannot say to a co-worker "I received a 2 rating and a 3% increase - what did you get?"
1 answer | asked Dec 1, 2011 7:18 PM [EST] | applies to New York
Answers (1)
The short answer is "No". The National Labor Relations Act ("NLRA") protects two or more employees when discussing wages, benefits, and working conditions. This protection applies in union AND non-union workplaces. There is well settled law on this.
Realizing that most non-union employees are not aware of this right, the National Labor Relations Board ("NLRB")last year issued a new rule requiring all employers under its jurisdiction to issue new poster outlining these and other rights. Currently, the poster must be up by April 30th of this year. I think there are some court challenges to their authority to issue such a rule, but this highlights the issue raised by your question.
For instance, the poster includes language specifically protecting your right to share wage information:
"Under the NLRA, you have the right to:
• Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union."
posted by Shaun Reid | Feb 1, 2012 09:23 AM [EST]
Realizing that most non-union employees are not aware of this right, the National Labor Relations Board ("NLRB")last year issued a new rule requiring all employers under its jurisdiction to issue new poster outlining these and other rights. Currently, the poster must be up by April 30th of this year. I think there are some court challenges to their authority to issue such a rule, but this highlights the issue raised by your question.
For instance, the poster includes language specifically protecting your right to share wage information:
"Under the NLRA, you have the right to:
• Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union."
posted by Shaun Reid | Feb 1, 2012 09:23 AM [EST]
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