Can my employer discipline me for telling my coworkers how much I’m paid?
December 6, 2022 | Salo Law LLC
There is a common misconception that employers can prohibit employees from discussing their pay or salary. Some employers attempt to enforce this belief with policies stating employees will be subject to discipline if they disclose details of their pay to coworkers. So is this legal?
No! That is not the law. Employees’ right to discuss their wages is protected in Oregon.
Oregon law protects workers’ rights to share details of their pay with coworkers.
Oregon’s wage discussion statute, ORS 659A.355, broadly protects employees’ right to inquire, discuss, or disclose details of their wages. This right can be enforced civilly with a retaliation lawsuit filed in court. The Oregon Bureau of Labor and Industries (BOLI) also has the ability to investigate wage discussion retaliation complaints and take action if a legal violation has occurred.
In addition, many do not realize that even at the federal level, the National Labor Relations Act of 1935 (NLRA), protects more than just unionized employees’ ability to discuss their wages and salaries. The NLRA explicitly protects private employees’ right to discuss wages if they work for covered employers. Specifically, the NLRA protects employees’ rights to “engage in concerted activities for their mutual aid or protection,” and the National Labor Relations Board (NLRB) which enforces the NLRA, consistently interprets this right to include employees’ rights to discuss wages together.
To be clear, it is unlawful for an employer to retaliate against an Oregon employee for talking about their wages with a coworker. It is also against the law for an employer to retaliate against an Oregon employee for discussing their wages on social media.
Unlawful wage discussion retaliation is not limited to outright terminating an employee. Prohibited acts of retaliation can include issuing discipline or write-ups, demoting an employee, decreasing pay, and even removing benefits of the job such as the right to work from home or have a flexible schedule.
Discussing or raising concerns relating to pay is also protected under Oregon law.
It’s also illegal for an employer to discipline an Oregon employee for even raising concerns relating to their pay. These concerns could be about:
Not being paid a fair wage for the job
Not being paid on time
Not having a regular pay day
Having deductions made to their pay
Not receiving a pay stub
Not receiving a meal time or break
Not being paid overtime
Being paid less than a coworker for the same job or work
Having to pay out of pocket for uniforms and equipment
Not being paid for work travel
Having a paycheck bounce
In short, though some Oregon employers may attempt to enforce an unlawful policy prohibiting employees’ discussion of wages, Oregon law prohibits such policy and explicitly protects workers’ rights to discuss details of their wages, including concerns relating to their wages.
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Contact Salo Law LLC today at (503) 208-6716 to work with an experienced employment lawyer about wage discussion retaliation.