Q: Can an employer take disciplinary action up to termination for “creating a hostile work environment” by talking wages?

A: No. That would be unlawful. It is simply an inartful way to try to make an end run around the law.

Both federal and California state law makes unlawful any actions or statements that are retaliation for employees speaking to each other about wages and some other workplace conditions.

If you are disciplined or terminated for speaking about wages, it would be prudent to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: You have a legal right to discuss wages in the workplace. Your employer cannot discipline you for creating a hostile work environment by discussing your wages.

Employers cannot prohibit employees from discussing or disclosing their wages, or for refusing to agree not to disclose their wages under Labor Code Sections 232(a) and (b).

If your employer disciplined or terminated you for discussing your wages, you would likely have a legal claim against your employer.

A: No, an employer cannot take disciplinary action or terminate employees for discussing wages in the workplace. Under the National Labor Relations Act (NLRA) in the United States, employees have the federally protected right to discuss their wages and working conditions with each other. This protection is intended to promote transparency and prevent unfair labor practices.

Labeling wage discussions as creating a "hostile work environment" does not exempt the employer from complying with federal labor laws. It is important to note that the concept of a "hostile work environment" typically refers to situations involving harassment or discrimination based on protected characteristics such as race, gender, or religion, rather than discussions about wages.

If you believe your employer is taking disciplinary action or threatening termination based on wage discussions, you may consider consulting with a labor law attorney or reporting the situation to the appropriate labor agency to protect your rights and seek appropriate recourse.