Your right to talk about work.
You are allowed to talk to your coworkers about pay, benefits, and working conditions. That's federal law, not a suggestion.
What the law says
The National Labor Relations Act, Section 7, protects what's called "concerted activity." That means employees discussing wages, hours, benefits, and workplace conditions with each other. It covers most private-sector employees whether or not there's a union involved.
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
National Labor Relations Act, 29 U.S.C. § 157
What that means in plain English
- You can discuss your salary with coworkers. Your employer cannot prohibit this or punish you for it.
- You can talk about benefits, PTO, workload, scheduling, or any other term of employment.
- You can do this in person, over text, on social media, or through any other channel on your own time and devices.
- Two or more employees raising a shared concern to management is protected. Even one employee speaking up is protected if they're raising a concern shared by others.
What your employer cannot do
- They cannot have a policy that prohibits salary discussion. If a handbook contains such a policy, that policy is unenforceable and may itself be an NLRA violation.
- They cannot retaliate against you for discussing working conditions. Retaliation includes firing, demotion, schedule changes, write-ups, or any other adverse action.
- They cannot surveil your protected conversations with coworkers.
- They cannot create an atmosphere where you're afraid to exercise these rights. That's called a "chilling effect" and it's an unfair labor practice.
If your company's own handbook references employees' Section 7 rights, that's because their lawyers know what happens if they don't. It's not a courtesy. It's a protection you already have.
Where to go if your rights are violated
If you believe your employer has interfered with your Section 7 rights, you can file an unfair labor practice charge with the National Labor Relations Board. There is no cost. You do not need a lawyer. The NLRB investigates on your behalf.
The time limit is six months from the date of the violation. Don't wait.