Print      
It’s illegal for a boss to block talk about pay
By Patricia Hunt Sinacole
Globe Correspondent

Q. My employer has an employee handbook that says I can’t discuss my wages and benefits with my co-workers or outside the company. Is this legal?

A. No, this request is unlawful. The National Labor Relations Act deals with employees’ rights to form unions and to work together for better wages and working conditions. As part of this process, employees have the right to discuss all aspects of their wages and working conditions. This also includes employees who work in non-union settings. A federal agency called the National Labor Relations Board and the courts enforce this law.

To gain more insight into this subject I consulted attorney Valerie Samuels, a partner in the labor and employment practice at Posternak Blankstein & Lund LLP in Boston. Samuels explains that the NLRB has taken a keen interest in employment policies and practices at union as well as non-union firms because companies may not place unlawful constraints on employees’ ability to band together to improve their work situation.

The NLRB has issued specific guidelines explaining acceptable employment policies. The guidelines are available on the NLRB website (www.nlrb.gov). Employees must keep in mind that it is important not to cross the line by disclosing business secrets such as confidential sales, marketing, or product information, or by harassing co-workers or managers on the basis age, race, gender, sexual orientation, or other legally protected categories.

Patricia Hunt Sinacole is president of First Beacon Group in Hopkinton.