I have recently been involved in several discussions in this sub on this topic, and one particular question had been argued endlessly. I recently reached out to my contact at the National Labor Relations Board, the lawyer who is handling my case, to verify what I already knew.
I want this to be clear to everyone. I want to make sure no one buys into the bullshit misinformation. I want people to know their rights.
Not only is it illegal in the vast majority of cases for employers to tell employees not to discuss wages… not only is it illegal to forbid employees to do so, to demand that employees avoid such discussions, to have written policies which prevent employees from engaging in such discussions…
IT IS ILLEGAL FOR EMPLOYERS TO REQUEST THAT EMPLOYEES AVOID DISCUSSING WAGES. IT IS ILLEGAL FOR EMPLOYERS TO DISCOURAGE DISCUSSION OF WAGES.
No, that is not the specific wording of the law. No, it doesn't explicitly say that on some website or in some pamphlet. That doesn't make it any less true. Unfortunately, this is just the kind of thing one generally learns through experience or a thorough understanding of case law.
Maybe it should be on a website or in a pamphlet. It would be nice if I could point to something to prove this bullshit wrong. I guess it just hasn't occurred to anyone at the NLRB to publish this specific clarification of the law. It would be nice if it had. Still doesn't change the reality.
This is the only interpretation of the National Labor Relations Act which makes sense. If you think about it, when your boss 'requests' something… quite often, it's not really a request.
(Also… it does NOT matter which state you're in. This is FEDERAL law.)
If you don't believe me, contact the NLRB and fucking ask. I really don't give a shit how all you Reddit 'lawyers' think the law is interpreted based on your zero total years of legal training and experience. Stop fucking pushing this rightist misinformation. Stop being a fucking corporate shill.