The component is not available at this moment. Please contact the site administrator.
No. Employees have the right to discuss working conditions with other employees and are protected against discipline or termination by Labor Code Section 232.5 and Section 7 of the National Labor Relations Act, which applies to both union and non-union employers. California's Fair Pay Act also protects the right of employees to discuss wages and inquire about the wages of others.
Employers may not require, as a condition of employment, that employees refrain from discussing working conditions or wages. Neither may an employer require that an employee sign a waiver of that right, nor discharge, formally discipline or otherwise discriminate against an employee for engaging in such activity.
Employees also have the right to bring complaints to the Labor Commissioner regarding wages and working conditions, and cannot be retaliated or discriminated against for bringing such complaints.
An employee who has been discriminated or retaliated against for protected wage discussions can file a civil action under the Fair Pay Act for reinstatement, reimbursement of lost wages and benefits, interest and other relief.
To avoid a Labor Commissioner claim or civil lawsuit, employers should review their wage-and-hour policies and practices, and carefully deal with employees who complain about working conditions or wages. Consult legal counsel with any concerns.