Protected “Concerted Activity” Hiding in Plain Site
Quit Firing and Disciplining Employees For Discussing Wages
Since 1997, it has been the rule that employee conversations relating to their wages consist of “concerted activity” entitled to protection under the National Labor Relations Act. This rule applies to both union and non-union employees. Despite this long-standing rule, employers continue to fire or discipline employees after employees question each other or discuss their wages.
Every week, the NLRB hands down another decision against some employer who fired or disciplined an employee for discussing their hourly wages. If you read this blog or are simply interested in labor law, the rule is simple, “employees can discuss their wages amongst themselves.” An employer, whether unionized or not, cannot prohibit this activity and should not expressly prohibit it in their policies or handbooks.
If you find your organization on the wrong side of an unfair labor practice because an employee was fired or disciplined for discussing wages, contact Rita Lauer or your Maddin Hauser attorney for assistance.