Skilled Litigators With A Proven Record Of Results

Can you be fired for discussing your salary with coworkers?

Many California workers avoid talking about pay with colleagues because they fear it could cost them their job. This worry often comes from old workplace cultures or policies that push employees to keep quiet about wages. The truth is that both federal and state law protect your right to have these talks.

Federal protections under the NLRA

The National Labor Relations Act (NLRA) gives most private-sector, non-management employees the right to discuss wages with coworkers. The law treats these conversations as protected concerted activity, provided they relate to working conditions or mutual concerns. Your employer cannot punish you for these talks, question you about them or enforce policies that ban them.

California adds another layer

The California Labor Code builds on these rules. It prohibits employers from discharging or discriminating against employees who disclose their own wages or ask about the wages of others for the purpose of exercising their rights. The law also stops employers from making you sign agreements that ban wage discussions and bars retaliation against workers who share pay details. These protections cover most private-sector California workers, whether hourly or salaried, though different rules may apply to public-sector employees and high-level management.

What counts as retaliation

If your employer fires, demotes or disciplines you after you talked about pay, you may have a retaliation claim. Other warning signs include sudden schedule changes, fewer hours, bad performance reviews that do not match your actual work or exclusion from projects and meetings. Writing down these changes as they happen helps you build a record.

Where to turn if your employer retaliates

Workers who believe their employer punished them for discussing pay can file a complaint with the National Labor Relations Board or the California Labor Commissioner’s Office. Both agencies can investigate and order remedies including back pay. The law treats pay conversations as protected activity, and an employer who punishes you for having one carries the legal risk, not you.

  • Super Lawyers 20 Years Badge For Patricio Barrera
  • Million Dollar Advocates Forum Logo
  • Avvo Rating For Patricio Barrera
  • America's Top 100 High Stakes Litigators 2018 Badge
  • Top Verdicts | #16 Employment $ 1,750,000 | The Recorder | 2018 | verdictsearch.com