Was reading a client's personnel records we obtained in discovery in preparation for our worker's comp. hearing. He had been disciplined for talking about wages and benefits with other employees.
While the employer was correct because it was done during work hours on the job (therefore could discipline him for not working), an employee cannot in any way prohibit, discourage, inhibit, discipline you as a wage earning employer who is not in management for discussing wages, benefits and the work environment when on your own time.
This doesn't mean you can bad mouth your employer and not get canned (with some exceptions for protected whistle blowing activities), but don't let the employer discipline you for behavior protected under the FLSA like discussing wages when not working.
Comment 1: Loren M. Lambert - Discussing wages does not cause bad morale--that is a reaction to the information--so discussing wages no more causes bad morale then guns cause people to be irrational. Discussing wages is the dissemination of knowledge, knowledge is power, the lack of knowledge regarding relative wages either within a business entity or the general workplace economy disempowers workers and gives them a naive false sense security. Despite Utah being an "at will" state, it is still against the law to prohibit employees from or to retaliate in any manner against employees for discussing wages. Yet it is true that proving a retaliatory termination is at times difficult so don't discuss wages on the job site--do it in a secret bunker far underground with your guns fully loaded. It is the wise person who knows the law but also knows the politics of any given situation before asserting their rights or rocking the boat. Only rock the boat when you know you'll still remain in the boat and make it safely to your destination and only the murderous scoundrels will be tossed out.
Loren M. Lambert © May 1, 2013
While the employer was correct because it was done during work hours on the job (therefore could discipline him for not working), an employee cannot in any way prohibit, discourage, inhibit, discipline you as a wage earning employer who is not in management for discussing wages, benefits and the work environment when on your own time.
This doesn't mean you can bad mouth your employer and not get canned (with some exceptions for protected whistle blowing activities), but don't let the employer discipline you for behavior protected under the FLSA like discussing wages when not working.
Comment 1: Loren M. Lambert - Discussing wages does not cause bad morale--that is a reaction to the information--so discussing wages no more causes bad morale then guns cause people to be irrational. Discussing wages is the dissemination of knowledge, knowledge is power, the lack of knowledge regarding relative wages either within a business entity or the general workplace economy disempowers workers and gives them a naive false sense security. Despite Utah being an "at will" state, it is still against the law to prohibit employees from or to retaliate in any manner against employees for discussing wages. Yet it is true that proving a retaliatory termination is at times difficult so don't discuss wages on the job site--do it in a secret bunker far underground with your guns fully loaded. It is the wise person who knows the law but also knows the politics of any given situation before asserting their rights or rocking the boat. Only rock the boat when you know you'll still remain in the boat and make it safely to your destination and only the murderous scoundrels will be tossed out.
Loren M. Lambert © May 1, 2013
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