HR Question: Employee Handbook Guidelines on Salary Discussions

Question: Can we include language in our handbook that limits and/or prohibits employees from discussing their pay and other incentives with each other?

Answer: While employers expect their employees to be professionals and not discuss their pay or other perquisites with others, it is not a best practice to add a policy or language to your employee handbook prohibiting or limiting employee discussion about pay or incentives. For instance, the federal National Labor Relations Act (NLRA), enforced by the National Labor Relations Board (NLRB), specifically provides that employees cannot be prohibited from discussing compensation and other working conditions because such discussions are protected concerted activity under the law.

Further, the federal Department of Labor released a fact sheet detailing how pay secrecy increases an employer’s risks for liability in equal pay claims. Finally, it is important that you research local or state laws to ensure compliance with this delicate legal issue.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

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05/09/17 3:06 AM

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UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.

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