Law Protects Non-Supervisors Who Discuss Wages With Peers

Question: Our company policy states that you can be terminated for discussing salary with co-workers. Managers tell us that our increases and bonuses are not to be discussed with others.

Recently, I heard that the National Labor Relations Board ruled that employees can’t be terminated for discussing their salary with co-workers.

Is this true? Would it apply to all companies in all states?

--S.B., Simi Valley

Answer: The National Labor Relations Act, which applies to most non-management employees in the private sector, protects the right of these employees to engage in concerted activity concerning wages, hours and working conditions. Employees need not be members of a union to be protected by this law.

The National Labor Relations Board has interpreted this statute to protect employees who discuss their compensation with one another from retaliation by the employer. As a federal law, it applies in all states.

This protection, however, does not extend to supervisors, managers or employees with access to confidential data such as human resources personnel. These employees may still be subject to discipline for divulging confidential information about employee compensation.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Closed Meeting Between Agency, Boss Is Legal

Q: I work for a private company that contracts with a variety of agencies, both public and private. Recently, my supervisor was notified by an agency regarding “inappropriate behavior” on my part.

This agency wanted to speak with my boss, but I was not invited. Is such a meeting appropriate or legal since I wasn’t included?

--M.K., Orange

A: Although I cannot speak to whether the meeting is appropriate without knowing more about the circumstances, it certainly is legal.

Presumably, the agency is concerned about your behavior during the course of your work for your company, and it believes that the behavior should be discussed with your boss.

They can have that discussion without you present. If your supervisor intends to take any action against you based on what he or she learns, it would be wise for your supervisor to discuss the issue with you and give you the opportunity to respond.

--Jo Tucker

Employment law

attorney/arbitrator

Morrison & Foerster

Employee Entitled to Record of Hours Worked

Q: I work for an airline that uses an electronic card to record our time, but the employer does not provide a printout.

Am I entitled to a report showing how many hours I worked during the week?

--N.B., Los Angeles

A: California Labor Code 226 requires employers to provide employees a pay stub or other itemized statement showing gross wages earned, total hours worked, the employee’s hourly wage, all deductions, net wages earned, the dates for which the employee is being paid, the employee’s name and Social Security number and the employer’s name and address.

Employers must allow a current or former employee to inspect or copy his or her records upon reasonable request. The employer can charge the employee actual costs of reproducing the records.

An employer could face civil and criminal penalties if it fails to follow these rules. The employer also could be required to pay your attorney’s fees.

If you are not an hourly employee, the employer might not be required to provide information about hours worked.

Regardless, it might be a good idea to keep your own record of hours worked to compare with your employer’s record.

Also, Labor Code 1198.5 gives you the right to inspect your personnel file, which could contain documents that are used to consider your qualifications for additional compensation or other employment decisions. The number of hours you worked certainly should be part of that consideration and be made available to you.

You may have a right to copy documents in your file that you previously signed.

--Don D. Sessions

Employee rights attorney

Mission Viejo

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873 or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. Recent Shop Talk columns are available at https://www.latimes.com/shoptalk.