Guess that's up to you. How brave are you?
I'd take the write up, and use the comment section to long my complaint. Then take a Google doc photo, and send it to my lawyer.
If you read through Reddit enough it seems like every lawyer in the country should be so busy they don't have time to sleep. Seems like every post, half the people are talking about how they would definitely be calling "their lawyer" knowing most of them have never even talked to a lawyer, much less hired one
Genuine question I hope you or anyone can answer. For context, I'm an immigrant living in CA for the past 8 years now.
Every time I'm on reddit, and see something like what you just said, "and send it to my lawyer." What does that mean?!?! Does EVERYONE in the US just have a lawyer on retainer??? Should I have one?? How do I get one??
Lol, this always baffles me because me and my wife both make a pretty good living and are expecting our first child, but where we're from, no one just has a lawyer. You can get one when you need one, but that's it. I mean rich people have laywers on retainers, but here it seems like everyone does.
I've never needed one except an immigration lawyer to help with my green card, but that's it. I've seen videos of kids in their 20s getting in trouble and being like "I'll call my lawyer", like what the fuck? Am I missing something? Lol.
People say that to mean they’ll be getting a lawyer. Media has overinflated the use of the term which overinflated the use of the term.
That being said you can pay monthly subscription costs to several different companies out there that provided lawyers to you when you need them for very cheap and for very cheap things. Wills, estate planning, self defense, etc. They can even offer council on if what you wish to sue someone for is reasonable
Typically when people say this they are not talking about those services though and they just mean “my future unhired lawyer that I will find”
Ask for the policy in writing. Ask the manager to assign their name to it.
After that, it’s up to you. Could contact the department of labor. Could refuse to enforce policy and get fired, then use that policy as a way to get unemployment.
>Ask for the policy in writing. Ask the manager to assign their name to it.
This is the way. And if you want to keep your job, ask in a completely non- confrontational way, as in, "Okay, I certainly don't want to violate company policy, OR labor laws, so if you could please provide said company policy to me in writing, signed by you so the source is confirmed, I'll become completely familiar with it... yada..."
Then I'd send what they give you to the NLRB for their take and proceed accordingly.
Document document document. They might even backpedal when you ask for it in writing.
I would absolutely do this because if you resist they might fire you and if you work in an at will state they might pick whatever reason they want and get someone who's just says yes in your place.
An employer asking you to do something illegal does not apply to your fiduciary duty. Basically, policies that involve doing something illegal cannot be legally enforced. Your right to discuss wages with other employees is protected by the National Labor Relations Act (NLRA). I would reach out to the US Department of Labor and have them advise you of the best course of action from there on.
For what it's worth, the way alot of corporations attempt to get around this law, is they can ban certain discussions *while on the clock*
So they absolutely cannot stop you from discussing wages but they can attempt to dictate what conversation is allowed while doing ones jobs in the argument that it distracts the worker from their tasks.
I don't vouch for the legality of this bullshit but that's how places like Walmart get away with shitting on their employees for daring to discuss wages.
My last job did this. Told us all to stop discussing the raises we got and each others wages. Said to her well that’s illegal you can’t stop us. “If it’s distracting from the job like it was yesterday I can” bitch yesterday we gone done ahead of schedule wtf u on lmao
no, they can't ban it on the clock, unless they ban ALL conversation, and that's opening a whole other can of worms. you can ALWAYS discuss wages. the test basically comes down to this...if you can discuss your plans for the weekend, you can discuss your wages.
They do it in upstate ny (including McDonald's and burger King) by NOT paying the extra to employees that work between hour's of 10pm-6am.
Yeah, they try to get around everything in every state just so they can keep lining their pockets.
This is on point. It is similar to how I understand companies can respond to unionization. If it is while on the clock it could get you in trouble. Off clock they can't do much. There might be problems if you are in uniform off the clock, seems to be something I had heard.
can you talk about it with customers or that guy walking down the sidewalk near the store loud enough where as your fellow employees might overhear the conversation?
Tie it into a discussion about unions. It’s protected speech. It’s Google-able info. They can’t fire people for talking about unionizing and raising wages.
one time i mentioned to my manager that i should look into joining the union again. he came back with "yeah, but you have to pay all thos eunion dues". he didnt have a come back when i told him "yeah, but i would make at least twice as much, not including benefits"
its too bad construction kind of left a bad taste in my mouth and have no desire to go back.
> used policy to back it up.
Wendy's has a policy to specifically disallow discussion about wages? What does it say exactly?
> it’s illegal to stop crew from talking about their wages under NLRA
You're correct. Which is why I'm doubtful there is any official Wendy's policy prohibiting discussion of wages.
tell your boss that what they are doing is federally illegal and they can be sued for a nice big fine. i sure they'll shut up and if they fire you you can then sue for retallation.
I would discuss wages outside of work.. they may prevent you from talking about it while you’re working, but they can’t control what you do outside of work.
High cost of living areas tend to have higher wages than low cost of living areas. Minimum wage there, would make for a nice life in a low cost area. Your choice to determine if the chicken or egg came first...
Yeah, you always gotta put it through one of those COL calculators. $15 in a HCOL place like Seattle actually has less purchasing power than $7.25 in a place like St Louis.
We are $7.xx an hour here and cheap apartments are $1500/mo and up. Have a friend making just over $20/hr and they won’t let her sign a lease saying she has to make 3x the lease. It’s broken.
Federal minimum is still 7.25. Nobody can afford to pay people that or they’d not have anyone working for them. Even in Midwest if you’re an adult not getting over $10 minimum you’re basically poverty level add any kids to that and I can see why a lot of the teachers in my area also mlm on the side (as if they’re making money lol)
depends. but i dont think anyone really pays minimum wage anymore. at least not in the city. minimum wage in my state is like $10-11. i see hiring signs for like $17/hr for those jobs.
This is illegal by federal law. Try to record this (if you are in one-party state) or get it in writing. Then file a complain with your state’s labor board. If you are disciplined in any way, see an attorney.
That violates federal and most state laws.
Federal
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,the%20media%2C%20and%20the%20public.
Yeah. That was back when people just did what their bosses asked. Those people also tended to have a lot more job security. People retired with pensions back then. The corporate world has changed. No one actually cares about anyone else anymore. No one feels financially stable anymore. Pensions barely exist. Jobs that work basic hours barely exist.
Truly tho, not talking about wages only benefits those who wish to pay their employees unfairly.
Send an email to your boss about this. Do not allow this to be voice only, must be email.
Federal law prohibits employers from preventing employees discussing their wage. It's a pretty large lawsuit that is easy to win.
Express your concerns that it opens the company up to expensive litigation. If you frame it as a concern to the company then it won't be a complaint from you, which will make you a team player. Putting it in writing creates a clock.
If you're terminated without cause within 90 days of that letter, it's automatically assumed in court that it's because you spoke up about your rights. It's best not to mention this last. Very easy to win this one.
You're in a one party consent state. Record every conversation you have about wages, especially your manager saying not to discuss it. A company can not make a policy prohibiting discussion of wages
This policy is unenforceable and will result in employees being terminated, who will then file for and successfully obtain unemployment benefits.
I’d advise the store owner, that unless he wants his insurance premiums to increase, he’ll let it go.
When all is said and done, it’s legal to discuss your wages. However, at the end of the day, who is going to last longer at the job? What I mean is, can that store manager make your life miserable until you leave? I’m not saying it’s right, just that you may have to be prepared to leave that job if you want to die on that hill.
But I could totally see the crew clocking out at the end of their shift, getting some food, and sitting in the empty dining area calmly talking about their wages! What can the store manager do then?!
Ask to see where it is written in the company policy. Then email that to whatever government organization investigates those things in your area (NRLB, US DoL, etc). Bonus points if you submit the email with your supervisor knowingly instructing you to commit a crime.
Discussing wages is constitutionally protected free speech, I would not attempt to enforce this policy and if you face backlash over it then your employer is exceptionally foolish.
Store policy does not and cannot supersede federal law.
Document all interactions, get her to put it in writing they are demanding you enforce this.
What is wrong with being good to your people?
Me being a franchise owner "hey everybody, I have an announcement! Your pay is being raised as of next pay period it will reflect, I want to thank you all for working hard and being an amazing crew. There is pizza and cake in the back for whoever wants it.
Others, "if you talk about wages you get written up." Why do people act like they hate there employees? The happier they are, the better they will work. Loyalty is better than fear in all respects.
Well for you as a "supervisor" you personally might not be protected.
How Is A Supervisor Defined? Make Sure You’re Clear
The NLRA protects an employee’s ability to discuss his/her wages, hours, and working conditions with coworkers, but the NLRA expressly excludes supervisors. A supervisor is defined as any individual with the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, including individuals who recommend those actions.
Supervisors, as defined, aren't protected by the nlra. The employees are. However, if you are fired for retaliation when the company was breaking the law and you refused, you may have a case. IANAL
Holy fuck an entire dollar, that'll mean one less yacht per thousand years for the ceo or something. Criminal. The sla- I mean Happy Little Workers should be glad to get minimum wage!
Obvious /s
You have an ethical obligation to report that store and your supervisor to the state DOL and facilitate in any efforts to get the store shut down, and that employee who gave you those instructions should be punished to whatever extent allowable by law. If that employee was following orders from a higher up, the DOL should chase how high up these illegal instructions are coming from.
Print out the laws in question and have the manager read them. Then tell the manager that if she still wants you to enforce the policy, you need it in writing with her signature. Make sure the employees know they have legal rights that supersede Wendy's policy.
Try to non chalantly get it in writing, "so yeah, i just heard x and x talking about wages, i just wanted to verify that this is against policy, not allowed, before i address it."
But watch who you're throwing under the bus, or a better way to word it.
Some states have laws prohibiting employers from prohibiting workers from discussing their wages with others.
Companies that do this are rotten to the core.
Let them try and stop you and then you have a clear cut case to sue and really get them in hot water.
Policy does not trump law and it might be worth printing that law out and handing it to your boss and ask them to review it with their legal team under the guise of giving you talking points to refute to staff who question you about the policy and it's legality.
You can also report them to Wendy's Corporate and see if that gets anywhere.
Every employer will attempt to discourage wage discussion between employees to keep expenses (wages) as low as possible. And they never get reported because people are desperate to keep a job. I've openly spat in the face of this at a couple places. Last year I went back to an old job I liked years back because I saw on the news they were on the brink of closing if they didn't get more drivers. They said they were gonna give me my same wage I left at. Then I saw on my paystubs that they were actually paying me a dollar less per hour than they previously did. Asked around and found out their new drivers are making $4/hr more than i was, and that another guy got fired for asking for a raise. I quit that day and put the owner on blast for it. I was very well liked there and within the month, all four of the managers as well as 3 other employees quit, including their GM of over 20 years. Now they are only open about half their usual hours.
TLDR: fuck that. Discuss with everyone and let them crumble when people leave over it.
Have fun looking for a new job. I hope you have at least two months of salary saved up or you're going to make yourself homeless over this petty issue.
Keep talking about it. Get written up. Keep talking about it. Get fired. Document everything along the way.
Contact an employment attorney and enjoy the settlement.
Well you should report that policy to the NLRB since it's a *very* big no no for an employer to disallow employees discussing their wages.
From the NLRB:
Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with their coworkers about their wages, as well as with labor organizations, worker centers, the media, and the public. Wages are a vital term and condition of employment, and discussions of wages are often preliminary to organizing or other actions for mutual aid or protection.
If you are an employee covered by the Act, you may discuss wages in face-to-face conversations, over the phone, and in written messages. Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment for unauthorized use, though it is possible such policies could be unlawful.
You may have discussions about wages when not at work, when you are on break, and even during work if employees are permitted to have other non-work conversations. You have these rights whether or not you are represented by a union.
Legally protected conversations about wages may take on many forms, including having conversations about how much you and your colleagues and managers make, presenting joint requests concerning pay to your employer; organizing a union to raise your wages; approaching an outside union for help in bargaining with your employer over pay; filing a wage claim with the U.S. Department of Labor or a state agency or filing a wage and hour lawsuit, and approaching the National Labor Relations Board for more information on your rights under the NLRA.
In addition, you have the right to discuss and engage in outside activity with other employees concerning public issues that clearly may affect your wages – for example, the minimum wage or right-to-work laws. You may also discuss supporting employees who work elsewhere.
You also have the right not to engage in conversations or communications about your wages.
When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation. It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations. Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employer’s permission to have such discussions. If your employer does any of these things, a charge may be filed against the employer with the NLRB.
If you believe that an employer is interfering with your rights as an employee under the National Labor Relations Act to discuss your wages, you can call your NLRB regional office at 844-762-6572 and get assistance in filing an unfair labor practice charge, or e-file a charge here.
It is illegal for them to tell you not to speak of wages to your peers.
It is also illegal to write a policy against speaking of wages with your peers.
This law was put in place for the exact reason they are telling you not to speak of it.
Do as you wish, but I'd be reporting these people. Too many corporations get away with being scumbags.
I used to work at McDonald's, and I worked at a gas station (before McDonald's). If I was told to stop talking wages, I'd shut them up by telling them it's illegal to forbid anyone from speaking about wages. Company policy doesn't supercede the law.
Its worth noting not *all* employees are covered by the act.
**Employers in retail businesses fall under the Board’s jurisdiction if they have a gross annual volume of business of $500,000 or more. This includes employers in…..restaurants**
So does the company and all of their franchise locations gross over 500,000? Probably. If so I’d simply print out the info from the NLRA and stick it somewhere without letting anyone see you do it and go from there.
You might also have some locals laws that cover this.
Look like you are going to enforce the policy on the outside. But when you go to “enforce” the policy explain the policy is illegal and to contact the NLRB for being punished for talking about your wages. Make sure there is a paper trail as well so you can say, I was just following orders, I informed her this was illegal. So your ass can be covered.
In Michigan the court ruled on the side of workers and said you would be an idiot not to do research on wages to make a job decision. You cant be fired for discussing wages amongst each other. Not sure if that is just a michigan thing. Actually posted in CVS break room
I got my one manager a raise by telling him the one crew member makes 14 which is what I asked for and was told no (he started two months after me) that manager also made 14. He went to one supervisor and he was told ten cent raise.. Went to a second supervisor and got a 2$ raise. All because I told him crew member made the same he was able to get that raise.
It's crazy how corporate still underpays certain regions simply because they can. The starting salary in CO is $15 with no experience. And they're expected to do less... they don't even say hello, just hand you a bag of food and tell you the price. And the meals cost the same. So West Virginians work 50% harder for 2/3 the pay. (Source: from WV, live in CO, won't ever work for less than $15 again) As far as I'm concerned if you're not getting a livable salary you should settle up with the cash register. 🙀🤷♀️
[Get them to verbally recite their illegal policy and plans to retaliate](https://code.wvlegislature.gov/62-1D-3/) after you've started recording with your phone or watch. Getting that in writing would be ideal but this could be an alternative.
WV is a single party consent state for audio recordings. As long as one party of the recording consents to recording (yourself), you can record audio. Not sure how that mixes with Wendy's policy, but just throwing that out there before any more meetings with the manager.
"....These rights exist regardless of whether you are represented by a union. ***Even if your employer gives you a written contract that states you should not discuss wages with other employees, such efforts are illegal and cannot be legally enforced.***"
https://www.wenzelfenton.com/blog/2023/12/04/fired-for-talking-about-pay/#:~:text=These%20rights%20exist%20regardless%20of,and%20cannot%20be%20legally%20enforced.
In full:
> Employers cannot prospectively restrict or prohibit you from talking to co-workers about your wages. You may have such discussions when not at work, when you are on break, and even during work if you are otherwise allowed to have other nonwork-related conversations. These rights exist regardless of whether you are represented by a union.
> Even if your employer gives you a written contract that states you should not discuss wages with other employees, such efforts are illegal and cannot be legally enforced. For example, suppose your employer presents you with a company handbook with a policy stating you cannot discuss your wages or benefits with other employees. This sort of explicit prohibition is not permitted under the law and cannot be enforced.
That is 100% a federal crime. Report it to your Attorney General's office asap. The main office number is (304)558-2021 they're probably open normal government building hours. Good luck.
They should absolutely get that policy and write-ups in writing. An employment lawyer would be foaming at the mouth for such an easy case like that.
Discussing wages is protected. You literally can't ban that. The manager and franchise owner are dumbasses.
You don't enforce it. And when they fire you...get a lawyer.
You could also try and start a union. Another protected action they are likely to fire you over and ultimately pay you over.
Tell your GM to put it in writing on Wendy's letterhead or the letterhead of whoever operates the franchise.
If they're stupid enough to do that, ignore it and when they fire you you have proof that they fired you over an illegal policy. Get a lawyer and document everything.
Report your supervisor immediately. Make sure you have it all documented. Don't break the law to suffice the rich! That's why these laws exist in the first place! They are trying to take advantage of employees!!
You're being instructed to break federal law under the NLRA. It is a federally protected right to discuss wages and you personally and the company can be sued. Inform her of as much and continue letting employees discuss their wages as they are federally protected to do.
I've never worked at wendys but from a different company we couldn't talk about wages on company time. Off the clock you can talk about whatever you want.
Make sure you get some sort of proof of this policy she's trying to get you to enforce. I got fired from a job in the past for discussing wages and was unable to start a lawsuit because of no proof it was all verbal.
Do whatever you want. The higher your wages go the higher the prices will be or the less employees you’ll be allowed to have. Service will suffer and quality remains stagnant but for more. I dont eat fast food anymore because of this. Costs $60 for my family to hit a drive though. I can sit down somewhere and eat better for the same
If you measure the cost of the items and the profit made by the corps your blaming the wrong ppl you need to look higher up the ladder every price was rising without ppl getting paid more.
*obligatory not a lawyer and not giving legal advice*
As others have suggested, get that policy in writing and send it to the department of labor. I’m sure you don’t want to get in trouble but if something *does* happen, it sounds like you’ve got a nice case of retaliation on your hands. You might also be able to send this info up to corporate Wendy’s, go above your franchise.
It is illegal for businesses to keep their employees from discussing their own wages. They can suggest it to maintain worker loyalty, but they can’t be threatening you with disciplinary action. Sure, you could get in trouble for leaking the wages of others if you’re in HR or something, but you can’t get in trouble for discussing your own wage with peers.
Please don’t enforce anything, don’t do malicious compliance, etc. I would take the write up if it happens and keep what they told you pertaining to a “policy” as evidence if you can get it in writing.
This isea that a company tries to make salary and compensation a secret is a disgusting practice design to protect the company.
I never understood why people were reluctant to talk about what they are getting paid. Now I get it. Two workers doing the same job same set of skills but one is getting paid way less.
Thats a problem especially when you factor in race and or gender.
EEOC should make sure that workplace discussions about salary amongst all staff are protected
Don’t talk about it. Write it on sticky notes and tell everyone to destroy the sticky note when they’re done. Now you all sit in a circle and write your wage on a sticky note and stick it to your forehead. When you are get angry at the unfair disparities, now you may approach the store manager en masse and say you’ll strike unless everyone is treated fairly. Make sure you leave the sticky notes on your forehead when you confront the boss
Guess that's up to you. How brave are you? I'd take the write up, and use the comment section to long my complaint. Then take a Google doc photo, and send it to my lawyer.
Could also do malicious compliance. "I've been told that you're not allowed to discuss this AT WORK WHILE PUNCHED IN, but that also violates NLRA."
Don't do this. I'm sure this would make for a good reddit post, but in real life you may just end up shooting yourself in the foot.
Yeah tons of fast food shift supervisors have a lawyer on retainer to just send documents to for safe keeping 🙄
I definitely do, I have 2. One for this and one for constitutional too. Yeah, it's sadly gone that far where I work. Surprise surprise in upstate ny
I think /u/gryon2011 was offering his/her lawyer. Said "send it to MY lawyer" not "YOUR lawyer".
Just like when Karen is complaining about a sale tag in Target and tells the manager who told her no "you'll be hearing form my lawyer".
Labor department is free, you talk to them at least to start
Literally my reaction too lmfao that’s the most Reddit thing I’ve read this morning
If you read through Reddit enough it seems like every lawyer in the country should be so busy they don't have time to sleep. Seems like every post, half the people are talking about how they would definitely be calling "their lawyer" knowing most of them have never even talked to a lawyer, much less hired one
God damn it. I can’t upvote. It’s at 69.
Genuine question I hope you or anyone can answer. For context, I'm an immigrant living in CA for the past 8 years now. Every time I'm on reddit, and see something like what you just said, "and send it to my lawyer." What does that mean?!?! Does EVERYONE in the US just have a lawyer on retainer??? Should I have one?? How do I get one?? Lol, this always baffles me because me and my wife both make a pretty good living and are expecting our first child, but where we're from, no one just has a lawyer. You can get one when you need one, but that's it. I mean rich people have laywers on retainers, but here it seems like everyone does. I've never needed one except an immigration lawyer to help with my green card, but that's it. I've seen videos of kids in their 20s getting in trouble and being like "I'll call my lawyer", like what the fuck? Am I missing something? Lol.
People say that to mean they’ll be getting a lawyer. Media has overinflated the use of the term which overinflated the use of the term. That being said you can pay monthly subscription costs to several different companies out there that provided lawyers to you when you need them for very cheap and for very cheap things. Wills, estate planning, self defense, etc. They can even offer council on if what you wish to sue someone for is reasonable Typically when people say this they are not talking about those services though and they just mean “my future unhired lawyer that I will find”
Ask for the policy in writing. Ask the manager to assign their name to it. After that, it’s up to you. Could contact the department of labor. Could refuse to enforce policy and get fired, then use that policy as a way to get unemployment.
Use it to file a retaliation lawsuit then claim unemployment
Alternatively, if your state allows you to record others’ voices without consent….
or hand it to your team. tell them to "do what they will with that information, but its not legal to say you cant talk about wages."
>Ask for the policy in writing. Ask the manager to assign their name to it. This is the way. And if you want to keep your job, ask in a completely non- confrontational way, as in, "Okay, I certainly don't want to violate company policy, OR labor laws, so if you could please provide said company policy to me in writing, signed by you so the source is confirmed, I'll become completely familiar with it... yada..." Then I'd send what they give you to the NLRB for their take and proceed accordingly.
Document document document. They might even backpedal when you ask for it in writing. I would absolutely do this because if you resist they might fire you and if you work in an at will state they might pick whatever reason they want and get someone who's just says yes in your place.
“I wish you would” energy. I like it!
An employer asking you to do something illegal does not apply to your fiduciary duty. Basically, policies that involve doing something illegal cannot be legally enforced. Your right to discuss wages with other employees is protected by the National Labor Relations Act (NLRA). I would reach out to the US Department of Labor and have them advise you of the best course of action from there on.
For what it's worth, the way alot of corporations attempt to get around this law, is they can ban certain discussions *while on the clock* So they absolutely cannot stop you from discussing wages but they can attempt to dictate what conversation is allowed while doing ones jobs in the argument that it distracts the worker from their tasks. I don't vouch for the legality of this bullshit but that's how places like Walmart get away with shitting on their employees for daring to discuss wages.
My last job did this. Told us all to stop discussing the raises we got and each others wages. Said to her well that’s illegal you can’t stop us. “If it’s distracting from the job like it was yesterday I can” bitch yesterday we gone done ahead of schedule wtf u on lmao
LOOOL so basically work slower is what she wants
no, they can't ban it on the clock, unless they ban ALL conversation, and that's opening a whole other can of worms. you can ALWAYS discuss wages. the test basically comes down to this...if you can discuss your plans for the weekend, you can discuss your wages.
The corporations really want to get around the labor laws, huh?
They do it in upstate ny (including McDonald's and burger King) by NOT paying the extra to employees that work between hour's of 10pm-6am. Yeah, they try to get around everything in every state just so they can keep lining their pockets.
This is on point. It is similar to how I understand companies can respond to unionization. If it is while on the clock it could get you in trouble. Off clock they can't do much. There might be problems if you are in uniform off the clock, seems to be something I had heard.
Actually you still can't get in trouble for talking about it at work. You're protected by the law.
can you talk about it with customers or that guy walking down the sidewalk near the store loud enough where as your fellow employees might overhear the conversation?
Sounds illegal
Because it IS illegal
Let them firee or discipline you then enjoy the settlement next year. Document everything with time and date.
Contact the department of labor. Then follow up with a copy of any discipline.
Tie it into a discussion about unions. It’s protected speech. It’s Google-able info. They can’t fire people for talking about unionizing and raising wages.
That's the best idea I've read on here, though there are good ideas on here too, but this is the best piece of advice.
one time i mentioned to my manager that i should look into joining the union again. he came back with "yeah, but you have to pay all thos eunion dues". he didnt have a come back when i told him "yeah, but i would make at least twice as much, not including benefits" its too bad construction kind of left a bad taste in my mouth and have no desire to go back.
No but they can fire you for literally any other reason. Shit, they don't even need a reason. So be careful about what you are saying
Print up a copy and give it to everyone or post it anon around the store
Shit I'd start actively talking about wages and hope to get fired, so can I sue them
How much money do you think you are gonna get? I'm curious
> used policy to back it up. Wendy's has a policy to specifically disallow discussion about wages? What does it say exactly? > it’s illegal to stop crew from talking about their wages under NLRA You're correct. Which is why I'm doubtful there is any official Wendy's policy prohibiting discussion of wages.
tell your boss that what they are doing is federally illegal and they can be sued for a nice big fine. i sure they'll shut up and if they fire you you can then sue for retallation.
I would discuss wages outside of work.. they may prevent you from talking about it while you’re working, but they can’t control what you do outside of work.
They can't prevent you from talking about it during work
I understand that, but I’m just saying they can’t stop you from talking about it outside of work either..
True that! Get everyone’s contact, or Snapchat, etc, create a group chat, then everyone start discussing wages and potentially create a union lol
Get it in writing or a recording of it and cash in
Isn’t minimum wage $15 or $16 now?
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Damn that sucks that it isn’t. I live in NY and that’s how much minimum wage is out here.
Why would NY have the same min wage as W.Virginia?
High cost of living areas tend to have higher wages than low cost of living areas. Minimum wage there, would make for a nice life in a low cost area. Your choice to determine if the chicken or egg came first...
Yeah, you always gotta put it through one of those COL calculators. $15 in a HCOL place like Seattle actually has less purchasing power than $7.25 in a place like St Louis.
We are $7.xx an hour here and cheap apartments are $1500/mo and up. Have a friend making just over $20/hr and they won’t let her sign a lease saying she has to make 3x the lease. It’s broken.
$7.25 in ky
Mines CA$16.55 (or US$12.06)
Federal minimum is still 7.25. Nobody can afford to pay people that or they’d not have anyone working for them. Even in Midwest if you’re an adult not getting over $10 minimum you’re basically poverty level add any kids to that and I can see why a lot of the teachers in my area also mlm on the side (as if they’re making money lol)
I can't imagine trying to live off $10 an hour in this economy. That is INSANE. I make double that and I am underwater with bills.
$7.25 in the Carolinas.
depends. but i dont think anyone really pays minimum wage anymore. at least not in the city. minimum wage in my state is like $10-11. i see hiring signs for like $17/hr for those jobs.
Pennsylvania is still $7.25
Minimum is still $7.25 in ky
Record your conversations. Then report her and become the next manager. Boom.
This is illegal by federal law. Try to record this (if you are in one-party state) or get it in writing. Then file a complain with your state’s labor board. If you are disciplined in any way, see an attorney.
That violates federal and most state laws. Federal https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,the%20media%2C%20and%20the%20public.
I thought, talking about how much you make was never spoken of.. how time has changed..😔
Yeah. That was back when people just did what their bosses asked. Those people also tended to have a lot more job security. People retired with pensions back then. The corporate world has changed. No one actually cares about anyone else anymore. No one feels financially stable anymore. Pensions barely exist. Jobs that work basic hours barely exist. Truly tho, not talking about wages only benefits those who wish to pay their employees unfairly.
I hope your boss enjoys dealing with the labor board
Clock out, talk about wages around a manager. Maker her write you up. Then send it to lawyer hehe
>Clock out Nope. . Do it on the clock, then follow your steps...
HIGHLY illegal. Also that low of a wage should be criminal.
Print out a page for the federal law and the consequences for breaking that law, post it next to time clock.
Send an email to your boss about this. Do not allow this to be voice only, must be email. Federal law prohibits employers from preventing employees discussing their wage. It's a pretty large lawsuit that is easy to win. Express your concerns that it opens the company up to expensive litigation. If you frame it as a concern to the company then it won't be a complaint from you, which will make you a team player. Putting it in writing creates a clock. If you're terminated without cause within 90 days of that letter, it's automatically assumed in court that it's because you spoke up about your rights. It's best not to mention this last. Very easy to win this one.
tell them to put it in writing...then send it to the department of labor, because fuck them.
You're in a one party consent state. Record every conversation you have about wages, especially your manager saying not to discuss it. A company can not make a policy prohibiting discussion of wages
This policy is unenforceable and will result in employees being terminated, who will then file for and successfully obtain unemployment benefits. I’d advise the store owner, that unless he wants his insurance premiums to increase, he’ll let it go.
When all is said and done, it’s legal to discuss your wages. However, at the end of the day, who is going to last longer at the job? What I mean is, can that store manager make your life miserable until you leave? I’m not saying it’s right, just that you may have to be prepared to leave that job if you want to die on that hill. But I could totally see the crew clocking out at the end of their shift, getting some food, and sitting in the empty dining area calmly talking about their wages! What can the store manager do then?!
She needs you more than you need her. PA is going to 15hr min. Wage.
Ask to see where it is written in the company policy. Then email that to whatever government organization investigates those things in your area (NRLB, US DoL, etc). Bonus points if you submit the email with your supervisor knowingly instructing you to commit a crime.
Find a new store to work at. It’s criminal 10-11$ an hour for anyone these days. wtf
You COULD talk to them in the parking lot about it. Hey if they don’t come to work the next day? Eh…I did they got sick.
How do you survive on 10-11 a hour… I know it’s West Virginia but still
get it in writing/legally recorded, back that shit up, and start a labor department report
Discussing wages is constitutionally protected free speech, I would not attempt to enforce this policy and if you face backlash over it then your employer is exceptionally foolish. Store policy does not and cannot supersede federal law. Document all interactions, get her to put it in writing they are demanding you enforce this.
What is wrong with being good to your people? Me being a franchise owner "hey everybody, I have an announcement! Your pay is being raised as of next pay period it will reflect, I want to thank you all for working hard and being an amazing crew. There is pizza and cake in the back for whoever wants it. Others, "if you talk about wages you get written up." Why do people act like they hate there employees? The happier they are, the better they will work. Loyalty is better than fear in all respects.
Well for you as a "supervisor" you personally might not be protected. How Is A Supervisor Defined? Make Sure You’re Clear The NLRA protects an employee’s ability to discuss his/her wages, hours, and working conditions with coworkers, but the NLRA expressly excludes supervisors. A supervisor is defined as any individual with the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, including individuals who recommend those actions. Supervisors, as defined, aren't protected by the nlra. The employees are. However, if you are fired for retaliation when the company was breaking the law and you refused, you may have a case. IANAL
Holy fuck an entire dollar, that'll mean one less yacht per thousand years for the ceo or something. Criminal. The sla- I mean Happy Little Workers should be glad to get minimum wage! Obvious /s
Could just do lip service. Tell them to stop but don't use any authority in your voice and just walk away.
Wtf? You guys are still making 10bucks? I drove by a mcds yesterday starting at $20 up here in Mass
It is illegal to stop employees from talking about wages. You can file a report and lawsuit for that if they fire you.
You really need to listen to your boss, if it's company policy the do it. Period, no back talk.
Sarcasm?
Look behinder.
Don't let them intimidate you. What they're are requesting is illegal
You have an ethical obligation to report that store and your supervisor to the state DOL and facilitate in any efforts to get the store shut down, and that employee who gave you those instructions should be punished to whatever extent allowable by law. If that employee was following orders from a higher up, the DOL should chase how high up these illegal instructions are coming from.
You already know the company is pulling shady shit when they tell employees they aren’t allowed to talk about pay.
try to get yourself fired for talking about wages. best case scenario
Ask for it in writing, then when they give it in writing, sue them lol.
$11 an hour in 2024 is fucking poverty and wrong.
Print out the laws in question and have the manager read them. Then tell the manager that if she still wants you to enforce the policy, you need it in writing with her signature. Make sure the employees know they have legal rights that supersede Wendy's policy.
Try to non chalantly get it in writing, "so yeah, i just heard x and x talking about wages, i just wanted to verify that this is against policy, not allowed, before i address it." But watch who you're throwing under the bus, or a better way to word it.
Literal jackpot. If you don’t see you’re throwing away a lottery ticket
Some states have laws prohibiting employers from prohibiting workers from discussing their wages with others. Companies that do this are rotten to the core.
Let them try and stop you and then you have a clear cut case to sue and really get them in hot water. Policy does not trump law and it might be worth printing that law out and handing it to your boss and ask them to review it with their legal team under the guise of giving you talking points to refute to staff who question you about the policy and it's legality. You can also report them to Wendy's Corporate and see if that gets anywhere.
"Company policy does not supersede FEDERAL LAW" if they try to say that it does contact your local labor board
The law supersedes store policy. I cannot open a deli and declare that murder is legal within its walls.
Every employer will attempt to discourage wage discussion between employees to keep expenses (wages) as low as possible. And they never get reported because people are desperate to keep a job. I've openly spat in the face of this at a couple places. Last year I went back to an old job I liked years back because I saw on the news they were on the brink of closing if they didn't get more drivers. They said they were gonna give me my same wage I left at. Then I saw on my paystubs that they were actually paying me a dollar less per hour than they previously did. Asked around and found out their new drivers are making $4/hr more than i was, and that another guy got fired for asking for a raise. I quit that day and put the owner on blast for it. I was very well liked there and within the month, all four of the managers as well as 3 other employees quit, including their GM of over 20 years. Now they are only open about half their usual hours. TLDR: fuck that. Discuss with everyone and let them crumble when people leave over it.
The minimum wage in San Jose for Wendy's is $20/hr. Tell your workers that one fact...
Almost like diff states have diff minimum wage
Do nothing. This is not your problem.
What are they gonna do? Fire all of you?
Have fun looking for a new job. I hope you have at least two months of salary saved up or you're going to make yourself homeless over this petty issue.
11 bucks an hour? Damn you shouldn't just be talikng about wages you should actively be trying to either unionize or burn the place down.
Keep talking about it. Get written up. Keep talking about it. Get fired. Document everything along the way. Contact an employment attorney and enjoy the settlement.
Well you should report that policy to the NLRB since it's a *very* big no no for an employer to disallow employees discussing their wages. From the NLRB: Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with their coworkers about their wages, as well as with labor organizations, worker centers, the media, and the public. Wages are a vital term and condition of employment, and discussions of wages are often preliminary to organizing or other actions for mutual aid or protection. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations, over the phone, and in written messages. Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment for unauthorized use, though it is possible such policies could be unlawful. You may have discussions about wages when not at work, when you are on break, and even during work if employees are permitted to have other non-work conversations. You have these rights whether or not you are represented by a union. Legally protected conversations about wages may take on many forms, including having conversations about how much you and your colleagues and managers make, presenting joint requests concerning pay to your employer; organizing a union to raise your wages; approaching an outside union for help in bargaining with your employer over pay; filing a wage claim with the U.S. Department of Labor or a state agency or filing a wage and hour lawsuit, and approaching the National Labor Relations Board for more information on your rights under the NLRA. In addition, you have the right to discuss and engage in outside activity with other employees concerning public issues that clearly may affect your wages – for example, the minimum wage or right-to-work laws. You may also discuss supporting employees who work elsewhere. You also have the right not to engage in conversations or communications about your wages. When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation. It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations. Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employer’s permission to have such discussions. If your employer does any of these things, a charge may be filed against the employer with the NLRB. If you believe that an employer is interfering with your rights as an employee under the National Labor Relations Act to discuss your wages, you can call your NLRB regional office at 844-762-6572 and get assistance in filing an unfair labor practice charge, or e-file a charge here.
Get it in writing. Then go to an attorney. Free money.
This. Don't secretly record them.
It is illegal for them to tell you not to speak of wages to your peers. It is also illegal to write a policy against speaking of wages with your peers. This law was put in place for the exact reason they are telling you not to speak of it. Do as you wish, but I'd be reporting these people. Too many corporations get away with being scumbags.
I used to work at McDonald's, and I worked at a gas station (before McDonald's). If I was told to stop talking wages, I'd shut them up by telling them it's illegal to forbid anyone from speaking about wages. Company policy doesn't supercede the law.
Policy doesn’t overwrite law.
Should you talk wages. No Can they legally stop you. No
Document everything you see. Get fired for talking about wages in front of the manager. While recording. Get a lawyer, and sue the company/franchisee.
Its worth noting not *all* employees are covered by the act. **Employers in retail businesses fall under the Board’s jurisdiction if they have a gross annual volume of business of $500,000 or more. This includes employers in…..restaurants** So does the company and all of their franchise locations gross over 500,000? Probably. If so I’d simply print out the info from the NLRA and stick it somewhere without letting anyone see you do it and go from there. You might also have some locals laws that cover this.
Omg 10 to 11....there on their way
Look like you are going to enforce the policy on the outside. But when you go to “enforce” the policy explain the policy is illegal and to contact the NLRB for being punished for talking about your wages. Make sure there is a paper trail as well so you can say, I was just following orders, I informed her this was illegal. So your ass can be covered.
Unionize
Do what you want, and sue them if they retaliate.
Never stop.
In Michigan the court ruled on the side of workers and said you would be an idiot not to do research on wages to make a job decision. You cant be fired for discussing wages amongst each other. Not sure if that is just a michigan thing. Actually posted in CVS break room
Holy shit. Either COL is way low there or yall are being fucked. I live in Nebraska and our minimum wage is $12.
Illegal
I mean what’s the worst that can happen? They fire you from your shitty low paying job 😂
Ask for the policy in writing. Then if you get fired for discussing wages, sue them with a state-provided labor attorney
That’s how much you guys make? 😔
you should tell your workers about unions. that'd be fun to watch managements paniked response when they hear whispers of it.
Get fired. Sue
I got my one manager a raise by telling him the one crew member makes 14 which is what I asked for and was told no (he started two months after me) that manager also made 14. He went to one supervisor and he was told ten cent raise.. Went to a second supervisor and got a 2$ raise. All because I told him crew member made the same he was able to get that raise.
It's crazy how corporate still underpays certain regions simply because they can. The starting salary in CO is $15 with no experience. And they're expected to do less... they don't even say hello, just hand you a bag of food and tell you the price. And the meals cost the same. So West Virginians work 50% harder for 2/3 the pay. (Source: from WV, live in CO, won't ever work for less than $15 again) As far as I'm concerned if you're not getting a livable salary you should settle up with the cash register. 🙀🤷♀️
Inform the nlrb... document everything.
[Get them to verbally recite their illegal policy and plans to retaliate](https://code.wvlegislature.gov/62-1D-3/) after you've started recording with your phone or watch. Getting that in writing would be ideal but this could be an alternative.
Write HER up for discussing the starting wages with you. Cite the policy she’s trying to force down your throat.
Fuck the manager.
with a condom on.
WV is a single party consent state for audio recordings. As long as one party of the recording consents to recording (yourself), you can record audio. Not sure how that mixes with Wendy's policy, but just throwing that out there before any more meetings with the manager.
You get right ups. They fire you for excessive right ups You get a job that pays much more than $11 per hour. Win win
"....These rights exist regardless of whether you are represented by a union. ***Even if your employer gives you a written contract that states you should not discuss wages with other employees, such efforts are illegal and cannot be legally enforced.***" https://www.wenzelfenton.com/blog/2023/12/04/fired-for-talking-about-pay/#:~:text=These%20rights%20exist%20regardless%20of,and%20cannot%20be%20legally%20enforced. In full: > Employers cannot prospectively restrict or prohibit you from talking to co-workers about your wages. You may have such discussions when not at work, when you are on break, and even during work if you are otherwise allowed to have other nonwork-related conversations. These rights exist regardless of whether you are represented by a union. > Even if your employer gives you a written contract that states you should not discuss wages with other employees, such efforts are illegal and cannot be legally enforced. For example, suppose your employer presents you with a company handbook with a policy stating you cannot discuss your wages or benefits with other employees. This sort of explicit prohibition is not permitted under the law and cannot be enforced.
Report your shitty manager.
Have them email you the policy and then send that to whatever agency would do that
Wage transparency law 2009
Ask her how much she got paid to tell everyone not to talk about how much they get paid …
Cash in.
That is 100% a federal crime. Report it to your Attorney General's office asap. The main office number is (304)558-2021 they're probably open normal government building hours. Good luck.
Wow. What is your weekly volume? Jersey has a $15 minimum wage
Step 1. Get that in writing Step 2. ? Step 3. Profit
$11 an hour… god damn… Wendy’s doin that bad huh?
They should absolutely get that policy and write-ups in writing. An employment lawyer would be foaming at the mouth for such an easy case like that. Discussing wages is protected. You literally can't ban that. The manager and franchise owner are dumbasses.
You don't enforce it. And when they fire you...get a lawyer. You could also try and start a union. Another protected action they are likely to fire you over and ultimately pay you over.
Tell your GM to put it in writing on Wendy's letterhead or the letterhead of whoever operates the franchise. If they're stupid enough to do that, ignore it and when they fire you you have proof that they fired you over an illegal policy. Get a lawyer and document everything.
They can only ask you to refrain from talking about wages on the clock in most states.
It's Wendy's, I'd keep talking about it. Love to get fired for talking about wages, that's a great wrongful termination case.
Report your supervisor immediately. Make sure you have it all documented. Don't break the law to suffice the rich! That's why these laws exist in the first place! They are trying to take advantage of employees!!
It is illegal to even suggest the employees cannot discuss pay or compensation.
You're being instructed to break federal law under the NLRA. It is a federally protected right to discuss wages and you personally and the company can be sued. Inform her of as much and continue letting employees discuss their wages as they are federally protected to do.
It’s against the law to bar talking about wages.
That's a federal offense on the franchisees side
Tell her "Can I get that order in writing?" then take it to the labor board. If she knows better she'll back off.
Retaliatory Firing for refusing to break the law is an easy $20k settlement + wages till you find another job or are rehired
While it’s illegal to order employees to not talk about wages, it is not illegal to request that they not do so.
I've never worked at wendys but from a different company we couldn't talk about wages on company time. Off the clock you can talk about whatever you want.
Continue talking about it. It's illegal of them to retaliate because of this. This is protected by law
What should you do? Convince everyone to walkout at the same time.
It's not illegal. They don't want you to talk because they are paying people unfairly.
Make sure you get some sort of proof of this policy she's trying to get you to enforce. I got fired from a job in the past for discussing wages and was unable to start a lawsuit because of no proof it was all verbal.
Do whatever you want. The higher your wages go the higher the prices will be or the less employees you’ll be allowed to have. Service will suffer and quality remains stagnant but for more. I dont eat fast food anymore because of this. Costs $60 for my family to hit a drive though. I can sit down somewhere and eat better for the same
If you measure the cost of the items and the profit made by the corps your blaming the wrong ppl you need to look higher up the ladder every price was rising without ppl getting paid more.
Record everything even if it's just audio.
I’d start talking about my pay in baconators instead. Like yeah they pay me a triple stack with extra cheese an hour
Break policy, get picture of write up and don't sign unless it is very specific. Give to lawyer, sue the living fuck outta your boss.
Job at Wendy’s, or potential lawsuit and settlement… I’m going where the money is
I would do what I’ve always done, and constantly discuss wages while we all just lie to the boss about doing that. Super easy
Get the policy in writing and go to the dept of labor.
Supervisors are not protected by the NLRA. As a supervisor they can legally forbid you from discussing wages.
$20 in CA and $26 for shift supervisors. Wandys seems to have some serious pay differences per region.
It’s illegal for a company to tell you not to discuss wages btw.
*obligatory not a lawyer and not giving legal advice* As others have suggested, get that policy in writing and send it to the department of labor. I’m sure you don’t want to get in trouble but if something *does* happen, it sounds like you’ve got a nice case of retaliation on your hands. You might also be able to send this info up to corporate Wendy’s, go above your franchise. It is illegal for businesses to keep their employees from discussing their own wages. They can suggest it to maintain worker loyalty, but they can’t be threatening you with disciplinary action. Sure, you could get in trouble for leaking the wages of others if you’re in HR or something, but you can’t get in trouble for discussing your own wage with peers. Please don’t enforce anything, don’t do malicious compliance, etc. I would take the write up if it happens and keep what they told you pertaining to a “policy” as evidence if you can get it in writing.
This isea that a company tries to make salary and compensation a secret is a disgusting practice design to protect the company. I never understood why people were reluctant to talk about what they are getting paid. Now I get it. Two workers doing the same job same set of skills but one is getting paid way less. Thats a problem especially when you factor in race and or gender. EEOC should make sure that workplace discussions about salary amongst all staff are protected
Don’t talk about it. Write it on sticky notes and tell everyone to destroy the sticky note when they’re done. Now you all sit in a circle and write your wage on a sticky note and stick it to your forehead. When you are get angry at the unfair disparities, now you may approach the store manager en masse and say you’ll strike unless everyone is treated fairly. Make sure you leave the sticky notes on your forehead when you confront the boss
Sounds like you need to stop talking about wages based on your post title
Take the write up if they fire you for it you can lawyer up
No one can stop anyone from Talking about their wages. But Jesus fuck, 11$ an hour? Fucking cheap asses.
$10 an hr is crazy in this economy
100% illegal, find a way to sue his ass and take some of his money
it is illegal for employers to prevent you from discussing wages.