This type of question is always fraught with complications for any attorney since technically, employers can fire nearly any person for any reason, but the real question is whether the firing was legal. An employer may fire anyone for sharing their salary information with others, but in most situations, it is not legal to do so.
Recently, in the museum industry, employees began sharing their salaries anonymously on a spreadsheet, which has circled the globe. The purpose was to be more transparent and give other employees an idea of what others were making ostensibly to understand what they may be worth. Many women also encouraged men to share their salaries in the wake of the #MeToo movement so that women could understand if they were being underpaid.
Conversations about salary and work conditions with other employees or those outside of the workplace are protected under the National Labor Relations Act (NLRA), since it is a concerted activity. Concerted activity means that employees are communicating with each other. If an employer tells you that sharing your salary or information about your work conditions with others is an activity that can lead to discipline or get you fired, this is simply not the case. Employees should know that the NLRA does not protect other activities, such as bad-mouthing employers or threatening them.
Who Does the NLRA Cover?
Employees should know that the NLRA does not apply to independent contractors. Independent contractors are employees who are not directly employed with a company or organization, such as freelancers. If you are not certain whether you are an independent contractor or a directly employed person, you may want to proceed with caution discussing your salary. Whether a person is an independent contractor or a direct employee has been the subject of litigation in some areas. The NLRA also does not cover public sector employees, but most of the time, those employees are covered under a union for this type of activity.
Delaware County Employment Lawyers at Sidney L. Gold & Associates, P.C. Assist Wrongfully Terminated Employees
If you have a question about sharing information regarding your work, it is always best to consult with a Delaware County employment lawyer at Sidney L. Gold & Associates, P.C. first. For a free consultation, call us at 215-569-1999 or contact us online for a free case evaluation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout Bucks County, Chester County, Delaware County, Montgomery County, and South Jersey.