Can restaurants ban employees for discussing wages?

[jtjumper]

What is the name of your state? Michigan
I work at a restaurant in Michigan and I was recently told by a manager that company policy prohibits me from discussing my wage with other employees. Is this policy legal?

 

[Just Blue]

What is the name of your state? Michigan
I work at a restaurant in Michigan and I was recently told by a manager that company policy prohibits me from discussing my wage with other employees. Is this policy legal?

Of course it is. Fairly common as well.

 

[Zigner]

Of course it is. Fairly common as well.

I disagree - such a blanket policy would likely run afoul of the National Labor Relations Act.

 

[LdiJ]

I disagree - such a blanket policy would likely run afoul of the National Labor Relations Act.

It is a very common policy for companies to have. I don't think that I have ever worked for one that did not have that policy.

 

[adjusterjack]

I disagree - such a blanket policy would likely run afoul of the National Labor Relations Act.

To a large extent that's true, and many states have passed similar laws:

https://www.dol.gov/wb/media/pay_secrecy.pdf
More resources come up in a search for the topic:

https://duckduckgo.com/?q=national+labor+relations+act+employees+discussing+wages&t=h_&ia=web

 

[Taxing Matters]

It is a very common policy for companies to have. I don't think that I have ever worked for one that did not have that policy.

This is again a situation where just because something is common doesn't make it legal. The National Labor Relations Act (NLRA) has been interpreted by the agency that enforces it, the National Labor Relations Board (NLRB), and the courts to prohibit most any employer action that prevents employees from coordinating on issues of wages and working conditions, and prohibiting employees sharing wage information is a classic example of what violates the NLRA.

 

[justalayman]

Michigan does have law addressing it


Michigan: Mich. Comp. Laws Section 408.483a
408.483a Prohibited conduct.
Sec. 13a. (1) An employer shall not do any of the following:
(a) Require as a condition of employment nondisclosure by an employee of his or her wages.
(b) Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages.
(c) Discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages.
This provision was added to Act 390 of 1978, Payment of Wages and Fringe Benefits, by Act 524 of 1982, effective March 30, 1983.

 

[Zigner]

It is a very common policy for companies to have. I don't think that I have ever worked for one that did not have that policy.

Oh, I agree that it's very common, but it's illegal and, thus, unenforcable.

 

[cbg]

I've always understood it this way - understand that I'm primarily a Benefits person so I may have it wrong.

Zigner can tell Quincy what Zigner makes, and Quincy can tell me what Quincy makes. But if I tell Zigner what Quincy makes, I'm history.

 

[Taxing Matters]

But if I tell Zigner what Quincy makes, I'm history.

That termination too is likely to be a violation of the NLRB. The purpose of sharing the information must be to work together to better their wages or working conditions. If you, Quincy, and Zigner were all employees doing the same work and were sharing information to try to better your wages, then that termination of you would be illegal. Now, if you were in management or HR and disclosing to Zigner what Quincy makes the employer could fire you for that. You weren't working in concert with other employees to better your wages or working conditions. Thus, the best policies here are ones that limit what HR and management may disclose to employees about wages, but that does not prohibit non management employees from sharing wage information about each other.

 

[cbg]

Since I've been in both HR and management for years, probably where I picked it up. Thanks for an important distinction, Tax.

 

[Just Blue]

My sincere apologies to OP for posting the wrong answer.