Can You Be Fired for Discussing Pay with Your Coworkers?

By Susan Buckner, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed April 09, 2025

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

No, discussing pay with coworkers is generally protected under federal law. The National Labor Relations Act (NLRA) safeguards employees' rights to discuss wages and other working conditions without fear of employer retaliation. This means that employers cannot legally fire or discipline employees for engaging in such discussions. While employers can set general guidelines about when and where employees can talk about pay, they cannot outright prohibit these conversations.

It is a common misconception that you can lose your job for talking about your paycheck. You may feel discussing wages with other workers is impolite, in case you make more than they do. But can your employer fire you if you talk about your pay?

Federal law prohibits employers from forbidding workers to discuss their pay or working conditions. Although employers can discourage employees from discussing pay, they cannot legally prevent discussion of wages.

In this article, we'll explain the basics of your right to discuss wages and working conditions. If you think your employer is violating labor laws, consider speaking to a local employment attorney about the situation. It usually helps to start with your boss or Human Resources. But if they are the source of the problem or you're afraid they'll retaliate, a lawyer can help you protect your rights.

National Labor Relations Act

The National Labor Relations Act (NLRA) protects private-sector employees’ rights to improve their working conditions. Courts have interpreted this to mean employers cannot restrict any “concerted activity” by employees, including:

  • Discussing or organizing a union
  • Collective bargaining activities
  • Discussing salary information or other pay issues
  • Taking retaliatory action against workers who carry out any protected concerted activities

Issues that arise under the NLRA are reported to and investigated by the National Labor Relations Board.

National Labor Relations Board

The National Labor Relations Board (NLRB) is the government body that enforces the NLRA. When employees believe they have been victims of unfair labor practices, the NLRB reviews the charges and makes recommendations.

If the NLRA has been violated, the case may settle or go before an administrative law judge.

The NLRB also protects union rights, including the right to strike, and the right of non-union businesses to engage in union-building activities.

What Your Employer Can Do

Employers cannot have a company policy against discussing wages. Any specific ban against pay discussions in an employment contract or employee handbook is a violation of employment law.

Employers can sometimes limit such discussions to non-work-related areas. However, they can restrict employee interactions to job-related conversations only if there are valid reasons to do so.

For instance, pilots must obey the “sterile cockpit” rule during critical phases of a flight, such as right before takeoff. This rule from the Federal Aviation Administration (FAA) requires flight crew to refrain from "non-essential activities" so they can focus on important safety measures.

If an employer has such a rule, it must apply to all conversations, not only pay or salary discussions.

The Equal Pay Act

The federal Equal Pay Act requires equal pay for men and women who do “substantially the same job.” Similar state laws, like the California Fair Pay Act, require pay equity between all employees in any location.

These laws prevent employers from asking about prior pay, so that pay inequity does not persist when employees seek other employment. California’s law requires employers to post salary ranges upon request.

State Equal Pay and Labor Laws

How will you know if your employer is violating the NLRA or other labor laws? If your employer has a stated policy against talking about your pay, it’s possible they don’t know the federal labor laws. Many employers don’t realize that federal and state law prohibits such policies.

For this reason, the NLRB recommends discussing policies with your boss, human resources, and your attorney before filing a formal complaint.

If you think your employer has violated your legal rights or you have a fear of retaliation, you may need help from an employment lawyer. Your employer cannot take any disciplinary action for discussing pay disparities.

Get Legal Advice from an Employment Attorney

If you believe you were a victim of wrongful termination for discussing your pay or exercising other labor rights, contact an employment law attorney right away. The federal NLRA has a six-month statute of limitations for filing a claim for wrongful acts by employers.

Some states, like California, have state labor laws that extend this time limit. It’s critical to check both the federal and state laws when you have a labor rights claim. Contact an employment law attorney in your state for legal advice.

Was this helpful?

Helpful Links