I was reading a client's personnel records we obtained in discovery, in preparation for our workers’ compensation hearing. He had been disciplined for talking about wages and benefits with other employees.
The employer was correct, because he had done this during work hours on the job (and thus, he could be disciplined for not working). However, an employer cannot in any way prohibit, discourage, inhibit, or discipline you as a wage-earning employee 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.
Loren M. Lambert © May 1, 2013
The employer was correct, because he had done this during work hours on the job (and thus, he could be disciplined for not working). However, an employer cannot in any way prohibit, discourage, inhibit, or discipline you as a wage-earning employee 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.
Loren M. Lambert © May 1, 2013
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