Is It Against the Law to Discuss Wages?

No it is not against the law to discuss wages. Talking about pay at work has long been considered taboo in many workplaces. Some employers discourage it, others forbid it outright, and many employees believe they can be punished for sharing salary information.

In fact, U.S. federal law protects employees’ rights to talk about pay. Employers who punish workers for wage discussions are violating the law in most circumstances.

Here is a clear explanation of what the law says and the protections employees have:

Federal Law Protects Your Right to Discuss Wages

Discuss Wages

The National Labor Relations Act (NLRA), a major federal labor law, has protected wage discussions for decades. Under Section 7, employees have the right to engage in “concerted activities” for their mutual aid and protection. This includes:

  • Talking about pay
  • Comparing wages
  • Sharing salary ranges
  • Discussing raises or bonuses
  • Complaining about unfair pay

Because compensation is a key part of working conditions, wage discussions fall squarely within the NLRA’s protections.

What does this mean for employees?

Your employer cannot legally:

  • Stop you from discussing wages
  • Punish you for talking about pay
  • Fire or discipline you for comparing salaries
  • Create workplace rules that ban wage discussions
  • Tell you that pay conversations violate “company policy”

Any of these actions may be considered an unfair labor practice.

NLRB Enforcement

The National Labor Relations Board (NLRB) continues to enforce these rights aggressively in 2025. The Board has increased investigations into:

  • Employer handbooks with unlawful confidentiality rules
  • Managers who discipline employees for discussing pay
  • Policies banning social-media posts about wages
  • “Gag rules” preventing employees from discussing raises

The modern workplace emphasizes transparency, and federal law backs that transparency with real enforcement power.

What About Non-Union Workers?

Many people believe the NLRA only protects unionized employees. That is incorrect.

Most private-sector employees are protected, including workers at:

  • Retail stores
  • Restaurants
  • Offices
  • Factories
  • Warehouses
  • Tech companies

Union membership is not required.

Who is NOT covered?

A few types of workers are excluded from NLRA protections, including:

  • Public-sector employees (covered by state laws instead)
  • Supervisors
  • Independent contractors
  • Agricultural workers

Still, even in these categories, some states have wage transparency laws of their own.

Pay-Secrecy Policies Are Largely Illegal

Some employers still use policies such as:

  • “Do not discuss pay with co-workers.”
  • “Salary information is confidential.”
  • “Talking about wages is unprofessional and prohibited.”

These policies are unlawful for most employees.

Even if workers sign a handbook acknowledging these rules, the rules are still invalid. Employers cannot force employees to give up rights protected by federal law.

When Wage Discussions Can Be Restricted

There are a few narrow exceptions where employers can limit wage discussions:

1. Managers and Supervisors

Supervisors are not protected by the NLRA. Employers can restrict wage conversations between supervisors, but they cannot prevent supervisors from listening to workers who discuss wages.

2. Employees with Access to Payroll Data

Employees who handle payroll information, such as HR staff or payroll administrators, cannot share confidential wage documents that they access through their job duties.

However, they can still discuss their own wages freely.

State Pay Transparency Laws in 2025

In addition to federal law, many states in 2025 have enacted pay-transparency laws that give employees even more rights. These may include:

  • Requiring employers to provide salary ranges in job postings
  • Banning discipline for discussing pay
  • Making wage secrecy agreements unenforceable

States with strong pay-transparency laws include: California, Colorado, New York, Washington, Illinois, Massachusetts, and several others.

Conclusion

Discussing wages is not only legal it is a protected right for most U.S. workers. Employers cannot lawfully punish, discipline, or silence employees for sharing salary information.

Wage transparency helps expose pay gaps, promotes fairness, and strengthens workers’ ability to negotiate. If an employer attempts to silence pay discussions, they may be violating federal or state law.

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