Question:

Jennifer,

I have a staff member constantly stirring the pot by asking other co-workers what they are making. Can I implement a policy restricting my employees from discussing their salaries with one another?

 Dr. C.

Answer: 

Nope.  Not going to work.  No-can-do.  Working to restrict salary discussions between team members will put you in hot water with the National Labor Relations Board, and also in violation of New York State labor laws. The National Labor Relations Act mandates employers refrain from disrupting employee communicates about their wages with their coworkers.  Also, New York labor laws explicitly restrict employers from prohibiting an employee to inquire, discuss, or disclose the wages of that employee.  Any action taken against an employee discussing wages would be considered retaliation. 

Best alternative - fostering a culture of employee appreciation and consider instituting an open-door policy with management.  Fingers crossed, having open door policy and open discussion will allow employees to feel comfortable enough asking questions about their salary and in turn, management can assist employees in understanding their pay, job potential, and any possible growth within your company. Additionally, for your records, I would suggest having a compensation strategy. Provide a framework to your employee compensation which determines how certain pay decisions are made and what factors are considered for compensation (i.e. base salary, bonuses, specialized skills, etc.). This will be a benefit for you as it will ensure that you are compensating employees fairly and competitively within the marketplace.  
 
 

Have a question for Jennifer?  Email is best.  You can reach her at Jennifer@Kirschenbaumesq.com.  
 
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
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