Tuesday, April 14, 2009

Ban Employees from Wage Talk?

Q. Can my employer prohibit me from talking about my wages at work?

A. Generally, no, if you work in Colorado and if the Colorado law prohibiting what I call "salary gag orders" applies in your case. Employers nationwide often have had policies prohibiting or restricting their employees from talking about wages. But the Colorado "Wage Transparency Act" prohibits employers from taking adverse actions against employees who discuss their wages with others. The law also prohibits making nondisclosure of wages a condition of employment. This law, however, does not apply to employers exempt from the federal Fair Labor Standards Act.

The law is part of the Colorado Anti-Discrimination Act:

C.R.S. 24-34-402

(1) It shall be a discriminatory or unfair employment practice:



























(i) Unless otherwise permitted by federal law, for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; to require as a condition of employment nondisclosure by an employee of his or her wages; or to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. This paragraph (i) shall not apply to employers who are exempt from the provisions of the "National Labor Relations Act", 29 U.S.C. sec. 151 et seq.




No comments:

Post a Comment