Pay Transparency & Discussing Wages
Pay secrecy hides unequal pay. Many workers don't know that, for most private-sector jobs, federal law protects the right to talk with coworkers about wages. A growing number of states and cities also require employers to post pay ranges and have limited questions about pay history. The rules vary by place, so check yours.
- All Workers
- Job Seekers
- Union Members
Talking about pay at work
- Under the National Labor Relations Act (NLRA), most private-sector employees (union or not) have the right to discuss wages, hours and working conditions with each other and to act together to improve them. Rules that ban pay discussion, or punish it, are generally unlawful.
- This protection does not cover supervisors and managers, independent contractors, agricultural workers or most public employees (government workers may have protection under state law). See Right to Organize.
- Some employees whose job is to handle other people's pay records (such as human resources or payroll staff) may be restricted from sharing confidential data they get through their job, but can discuss their own pay.
- Many states also have laws that protect pay discussions or ban retaliation for asking about pay. See State Labor Law Table.
- Equal pay laws, such as the federal Equal Pay Act, ban paying men and women differently for substantially equal work, unless a legitimate factor explains the difference. See Equal Pay and Discrimination & Harassment.
Pay ranges and salary history
- A growing number of states and cities require employers to include a good-faith pay range in job postings or to give it to applicants and employees who ask. Details vary: some apply only to larger employers, some require benefits information too.
- Many places also ban asking about your salary history or relying on it to set pay, because past pay can carry forward earlier discrimination. You can usually still volunteer it.
- Where no law applies, you can still ask about the pay range early in the process. It saves time for you and the employer.
- Union and prevailing-wage jobs often have published wage scales. See Prevailing Wage and Collective Bargaining.
Finding out what a job pays
- Check the U.S. Bureau of Labor Statistics (Occupational Outlook Handbook and wage data by job and area), your state labor department, and union wage sheets.
- For public employees, salary schedules and payrolls are often public records.
- Ask coworkers and people in your trade. Talk to others in your apprenticeship or training program.
- Compare the full package: hourly pay, overtime, per diem, health insurance, retirement, paid leave and tool allowances. See Per Diem & Travel Pay and Tool Allowances.
What employers may and may not do
- May: set pay differently for legitimate reasons such as experience, seniority, merit systems, production and location, and ask you to keep truly confidential business information private.
- May not: ban or punish ordinary pay discussions among covered employees, fire or discipline you for sharing your pay, or retaliate for asking about equal pay or filing a complaint.
- Employers can't have you sign a contract that waives your right to talk about wages with coworkers where the law protects it.
If you're punished for sharing pay
- Write down what happened, who said what and when. Keep copies of policies, texts, emails and pay stubs.
- For private-sector jobs, you may file a charge with the National Labor Relations Board (NLRB), usually within 6 months. For pay discrimination, contact the EEOC or your state fair employment agency, which have strict deadlines. See Where to Get Help.
- Talk to a union representative, workers' center or employment lawyer. Many offer free first consultations.
- You can't be lawfully retaliated against for filing. See Wrongful Termination.
Pay transparency checklist
- I know if my job is covered by the NLRA (most private non-supervisory jobs are)
- I checked whether my state or city requires pay ranges in job postings
- I looked up local wages for my trade before negotiating
- I compare the full pay and benefits package
- I keep records if I'm punished for talking about pay
Standards & references
- NLRB: Employee rights
- See also: Equal Pay · Minimum Wage
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