If your employer has a policy (written or unwritten) prohibiting salary discussion, that policy is illegal. Full stop.
The law:
National Labor Relations Act (NLRA), Section 7 (29 U.S.C. 157): Employees have the right to engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." Discussing wages with coworkers is explicitly protected.
This applies to:
- Private sector employees (union and non-union)
- Discussions in person, via text, on social media, or email
- Sharing your own salary and asking about others'
This does NOT apply to:
- Government employees (protected by different statutes)
- Supervisors/managers (narrow exemption)
- Independent contractors
What your employer CANNOT do:
- Fire you for discussing salary
- Discipline you for discussing salary
- Have a written policy prohibiting salary discussion
- Retaliate in any way
If your employer retaliates:
- File an Unfair Labor Practice charge with the NLRB: nlrb.gov/charge
- The NLRB investigates and can order reinstatement + back pay
- Region 16 NLRB (covers DFW): 819 Taylor St, Fort Worth, 817-978-2921
Texas addition: Executive Order 13665 (2014) also prohibits federal contractors from retaliating against employees who discuss compensation.
Why this matters:
- Pay secrecy is the #1 tool employers use to maintain wage inequality
- When salaries are transparent, pay gaps shrink. Source: Institute for Women's Policy Research.
- You might discover you're making $15,000 less than a colleague doing the same job
Sources:
- National Labor Relations Act, Section 7 (29 U.S.C. 157)
- NLRB — "Your Rights" (nlrb.gov/about-nlrb/rights-we-protect)
- Executive Order 13665
- Institute for Women's Policy Research — pay transparency studies
Talk about your pay. It's your legal right. Use it.