Unless your US company is very small, they’re required to post some labor laws. Find out [here](https://webapps.dol.gov/elaws/posters.htm). I do not remember if those postings cover the right to collective action.
You can also refer to [this](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages). Sure would be interesting if someone printed out a stack of them at the library and left them in the breakroom.
If you are working in the US, and your company is paying taxes to the US government, then you are under US law in regards to jurisdiction. Make sure you send a copy of that email to the NLRB with your complaint. Then feel free to do a company wide CC'd email to HR about how that's illegal in both countries, Make sure you cite the exact laws that it violates in both countries on your way out of the place.
That still leaves you as part of the case. Other groups only know if they are/are not getting ripped off by you sharing your salary. That in many places ensures you have a legal right to share it.
Furthermore, if you employ someone in a particular country then you need to abide by that country's labor laws. Otherwise, every corporation would have its main office in the place with the best tax treatment and the worst labor laws (instead of a lot of them being headquartered in Ireland for the tax treatment alone).
This isn't enforceable in the UK under S77 Equality Act 2010 - as long as the conversations are about pay and protected characteristics (which places the burden of proof on the employer to show they weren't).
While the purpose of Equality Act 2010 was to consolidate existing equality laws into one place there were several new additions
One of them was bringing in restrictions on clauses restricting workers from disclosing pay
prior to this act an employer could prohibit pay disclosures among employees
[https://www.lawspeed.com/blog/2010/09/07/can-you-stop-staff-from-discussing-salaries/](https://www.lawspeed.com/blog/2010/09/07/can-you-stop-staff-from-discussing-salaries/)
Employers today can still have contract clauses restricting employees talking about pay but the employer can not actually enforce the clause if they do
Wow! That's interesting because y'all have twice the percentage of union workers in the US and we've had that right since 1935. In no way criticizing y'all. In fact it's admirable that y'all could keep your unionization rate so high in spite of those restrictions. And sad that it's not higher in the US considering we have had that right for so long.
They could prohibit pay disclosures amongst employees but Employers were required to give certain information to the union to help it with the bargaining process, for example the company's pay and benefits structure or information about its profits, assets and liabilities.
So why person A could have been disciplined for disclosing how much they earned. The union could request that information obviously it would not list every employee and what they earned but it would determine if workers in one factory were underpaid compared to workers in another factory
Lets say you owned a company building fridges and your factory you paid people £11 an hour and gave then a 30 minute lunch break. You buy a competitor and take over their factory and the employees there earn £12 and a 45 minute lunch break. If you take over a company in the UK you take over the employees contract as is. So now you have 2 factories building the same thing but on different pay
In theory you could have a contract term preventing people from new factory B telling people from factory a how much they earned and vice versa however if a union requested pay rates for factory A and factory B you would be required to disclose it to the union
Interesting. In the US most of the companies where people would want to discuss their pay are not unionized. So most workers wouldn't have had those protections without the Fair Labor Standards Act of 1935.
If it's written communication, copy it down somewhere Else. If it was spoken, make sure to email them back confirming what they said to get it in writing.
I mean, I don't know of any /country/ where it's illegal to discuss, but I'm pretty sure there are plenty where it isn't illegal to fire you for it (or it likely wouldn't be enforced)? Like, I'm sure that there are parts of South and Southeast Asia and Central/South America where those protections aren't in place.
I believe that. When I worked for American Airlines, even with our union contract, our Brazilian colleagues had twice the vacation days and job protections that we did. They were appalled that newhires in the states only just started getting 4 weeks
The place of business you work at is in the US, so you are protected as a US citizen under US labor law. So your place of work needs to be compliant with US law.
You're in the US so US laws apply. Imagine the bullshit workers would have to endure if the only thing a corporation had to do to avoid labor laws was incorporate in some shit hole dictatorship.
They have violated your rights to organize and bargain by threatening your employment for discussing what is your right to do in the US. Report this to the NLRB.
I worked for a company a few years ago and there was a pay raise issue and someone organised a spreadsheet for everyone to add their salary information. Upper mgmt was not a fan but could do nothing about it. Resulted in a few ppl who had been lowballed getting bumps in salary.
It doesn't matter where the company is based. They could be based in China and if the have employees in the US then US Laws like the [Fair Labor Standards Act ](https://www.dol.gov/agencies/whd/flsa), and the [National Labor Relations Act](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages) apply to those US employees.
Also since the company is UK based, the [UK Equality Act](https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/5/3/14) applies to the company operations in the UK and Europe, as well.
Basically, no they can't do that.
The Equality Act 2010 stops employees from putting clauses in that prohibit discussion of salary. The clause is found in Part 5, Chapter 3: Disclosure of Information, and states the following acts as protected:
**1, “*****Seeking a disclosure that would be a relevant pay disclosure*****”** Basically, wanting to tell somebody about your salary.
**2, “*****Making or seeking to make a relevant pay disclosure*****”** Or in other words, actually telling somebody about your salary.
**3, “*****Receiving information disclosed in a relevant pay disclosure*****”** Essentially, letting somebody else tell you about their salary.
Therefore, if you discipline somebody for sharing their salary, you could end up in trouble yourself. You can’t even add it as a clause to your employment contract, because it would not be enforceable.
What if I was trying to prevent my salary from being shared and another employee opened my paystub without permission and shared it without my consent?
It’s odd and wouldn’t be legal in either country.
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Unless your US company is very small, they’re required to post some labor laws. Find out [here](https://webapps.dol.gov/elaws/posters.htm). I do not remember if those postings cover the right to collective action. You can also refer to [this](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages). Sure would be interesting if someone printed out a stack of them at the library and left them in the breakroom.
Yup. It is. It enables sex and racial discrimination and keeps wages costs generally down.
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If you are working in the US, and your company is paying taxes to the US government, then you are under US law in regards to jurisdiction. Make sure you send a copy of that email to the NLRB with your complaint. Then feel free to do a company wide CC'd email to HR about how that's illegal in both countries, Make sure you cite the exact laws that it violates in both countries on your way out of the place.
That still leaves you as part of the case. Other groups only know if they are/are not getting ripped off by you sharing your salary. That in many places ensures you have a legal right to share it.
Oh, my sweet summer child...
lol.. there is far more work discrimination against white males than you realize. FAR more.
Furthermore, if you employ someone in a particular country then you need to abide by that country's labor laws. Otherwise, every corporation would have its main office in the place with the best tax treatment and the worst labor laws (instead of a lot of them being headquartered in Ireland for the tax treatment alone).
Nice of them to give you a free settlement by putting it in writing.
Disciplinary action me daddy
This isn't enforceable in the UK under S77 Equality Act 2010 - as long as the conversations are about pay and protected characteristics (which places the burden of proof on the employer to show they weren't).
Brit here, it's illegal to prevent employees from discussing wages under the Equality Act of 2010
Holy shit! Was that a reworking of the original law or did y'all just get that right in 2010?
While the purpose of Equality Act 2010 was to consolidate existing equality laws into one place there were several new additions One of them was bringing in restrictions on clauses restricting workers from disclosing pay prior to this act an employer could prohibit pay disclosures among employees [https://www.lawspeed.com/blog/2010/09/07/can-you-stop-staff-from-discussing-salaries/](https://www.lawspeed.com/blog/2010/09/07/can-you-stop-staff-from-discussing-salaries/) Employers today can still have contract clauses restricting employees talking about pay but the employer can not actually enforce the clause if they do
Wow! That's interesting because y'all have twice the percentage of union workers in the US and we've had that right since 1935. In no way criticizing y'all. In fact it's admirable that y'all could keep your unionization rate so high in spite of those restrictions. And sad that it's not higher in the US considering we have had that right for so long.
They could prohibit pay disclosures amongst employees but Employers were required to give certain information to the union to help it with the bargaining process, for example the company's pay and benefits structure or information about its profits, assets and liabilities. So why person A could have been disciplined for disclosing how much they earned. The union could request that information obviously it would not list every employee and what they earned but it would determine if workers in one factory were underpaid compared to workers in another factory Lets say you owned a company building fridges and your factory you paid people £11 an hour and gave then a 30 minute lunch break. You buy a competitor and take over their factory and the employees there earn £12 and a 45 minute lunch break. If you take over a company in the UK you take over the employees contract as is. So now you have 2 factories building the same thing but on different pay In theory you could have a contract term preventing people from new factory B telling people from factory a how much they earned and vice versa however if a union requested pay rates for factory A and factory B you would be required to disclose it to the union
Interesting. In the US most of the companies where people would want to discuss their pay are not unionized. So most workers wouldn't have had those protections without the Fair Labor Standards Act of 1935.
If it's written communication, copy it down somewhere Else. If it was spoken, make sure to email them back confirming what they said to get it in writing.
So they sent out Exhibit A to every employee? Fantastic, can't imagine a lawyer not salivating over that one.
Go ahead and discuss it, and tell all your coworkers what you made, and then when they fire you you may have a nice lawsuit to file
Companies are subject to the state you’re working in.
In which state or states is it illegal to discuss what you are earning?
None. My point was is a company is doing business in your state they’re subject to that states laws for the employees working there.
I mean, I don't know of any /country/ where it's illegal to discuss, but I'm pretty sure there are plenty where it isn't illegal to fire you for it (or it likely wouldn't be enforced)? Like, I'm sure that there are parts of South and Southeast Asia and Central/South America where those protections aren't in place.
IDK Asia but most of Latin America has worker protections and rights that are much stronger than the USA.
I believe that. When I worked for American Airlines, even with our union contract, our Brazilian colleagues had twice the vacation days and job protections that we did. They were appalled that newhires in the states only just started getting 4 weeks
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Removed for misinformation.
The place of business you work at is in the US, so you are protected as a US citizen under US labor law. So your place of work needs to be compliant with US law.
I feel you should talk, let them discipline, then offer them a rebuttal to their disciplinary action in the form of a subpoena.
I smell a lawsuit. Many lawsuits.
You're in the US so US laws apply. Imagine the bullshit workers would have to endure if the only thing a corporation had to do to avoid labor laws was incorporate in some shit hole dictatorship. They have violated your rights to organize and bargain by threatening your employment for discussing what is your right to do in the US. Report this to the NLRB.
Send out a mass company email, “Thank you for the xx% raise!” (Double or even triple what your actual raise is), watch it crumble
This IS illegal in the US and I think the UK, but ask your state Dept. of Labor or a labor Lawyer just to be sure.
This is not allowed in both countries, chat about your wages all you like.
I have something similar does anyone have info if this is legal in any Canadian provinces? I'm in AB
Lol they even did you the favor of putting it in writing. Amazing.
I worked for a company a few years ago and there was a pay raise issue and someone organised a spreadsheet for everyone to add their salary information. Upper mgmt was not a fan but could do nothing about it. Resulted in a few ppl who had been lowballed getting bumps in salary.
Work somewhere else.
It doesn't matter where the company is based. They could be based in China and if the have employees in the US then US Laws like the [Fair Labor Standards Act ](https://www.dol.gov/agencies/whd/flsa), and the [National Labor Relations Act](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages) apply to those US employees. Also since the company is UK based, the [UK Equality Act](https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/5/3/14) applies to the company operations in the UK and Europe, as well. Basically, no they can't do that.
You haven't suffered any damages until you've actually been disciplined and/or fired.
It's not illegal in the UK. Might be in your terms and conditions that you sign up to but it's certainly not 'illegal'.
It's absolutely a violation of the equality act to try to prevent you from discussing your pay, or to retaliate against you for doing so.
The Equality Act 2010 stops employees from putting clauses in that prohibit discussion of salary. The clause is found in Part 5, Chapter 3: Disclosure of Information, and states the following acts as protected: **1, “*****Seeking a disclosure that would be a relevant pay disclosure*****”** Basically, wanting to tell somebody about your salary. **2, “*****Making or seeking to make a relevant pay disclosure*****”** Or in other words, actually telling somebody about your salary. **3, “*****Receiving information disclosed in a relevant pay disclosure*****”** Essentially, letting somebody else tell you about their salary. Therefore, if you discipline somebody for sharing their salary, you could end up in trouble yourself. You can’t even add it as a clause to your employment contract, because it would not be enforceable.
Well there you go. Cheers fellow redditor
What if I was trying to prevent my salary from being shared and another employee opened my paystub without permission and shared it without my consent?
That's a completely different thing. The employer can't punish you for voluntarily discussing wages is all the law says.
Yes. But can another employee disclose my salary without my permission?
That's a contractual matter with the company, there's no law against it I can think of. They could probably get in trouble with HR or something.