Hi,
Sorry to break this to you but I’ve been seeing a big uptick in people repeating bad information that they’ve picked up here about rights to discussion on wages and other employment protection laws. This is important because if you think you are protected and run off to your boss waving around rights without understanding, you still risk adverse action again you.
I think we need a crash course on what some of your rights are:
Wages:
You have the right to discuss wages (https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages) HOWEVER, there are a lot of key exceptions you need to be aware of:
The following employers are excluded from NLRB jurisdiction by statute or regulation:
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Federal, state and local governments, including public schools, libraries, and parks, Federal Reserve banks, and wholly-owned government corporations.
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Employers who employ only agricultural laborers, those engaged in farming operations that cultivate or harvest agricultural commodities or prepare commodities for delivery.
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Employers subject to the Railway Labor Act, such as interstate railroads and airlines.
What this means: if you are in one of the entireties listed above, wage discussion protections don’t apply to you.
- an employer can limit the discussion of wages while on duty if they generally prohibit other conversation but cannot restrict it outside of work time or breaks.
** What this means: know when you can and cannot have this discussion **
- If you are a supervisor, even if you are not in one of the excluded industries, you do not have strong protections. (https://www.courts.ca.gov/opinions/nonpub/B269005.PDF)
What this means: if you are someone who has the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, including individuals who recommend those actions then you do not have strong NLRB protections
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you need to understand what a concerted activity is and when it applies: (https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/concerted-activity) note the use of “one or more coworkers”, “media”, and “government agency” terms
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no wage discussion policy: you will not get any money or benefit for reporting this. Employers will just get a mean letter and if it’s ongoing enough, an annoying fine. 99% of employers will suffer nothing more than a mean letter. It isn’t a slam dunk for you to have this in your handbook or whatever.
Discrimination:
Protected classes: it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Just because you are a member of a protected class and suffer adverse action, does not mean you are being discriminated against. Everyone has at least 5 memberships in protected classes. Your adverse action needs to be linked to one or more of those classes or have the appearance of to be discriminatory.
Hostile work environment: generally this needs to involve some sort of discrimination or sexual harassment. Just being a jerk and general bully likely doesn’t meet the definition (https://www.eeoc.gov/harassment)
“Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. “
“Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”
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Okay here is where my lovely and definitely high quality official reddit app is starting to lag so I can’t really add more a content/notes.