Legal Question in Employment Law in California

Hello, I have asked in lawguru.com regarding California labor code section 232 before. Now I have a follow up question.

My boss gave me a verbal warning because I asked a new hire how much she is offered (I have the same job title as the new hire). My intention is to compare shift differential because I have found discrepancy before.

After I have got reassured that I do have the right to discuss wage at workplace (thanks to lawguru.com), I told my boss and let her know that she can't stop me from discussing wage. She doesn't take my response seriously; worse off, she commented to my other co-worker that I can't do anything to her even if I file a complain. It is because she has our company policy to back her up, and it is not "unlawful" (according to my boss) because she is not doing any actual damage.

Is what my boss said true? Even if I file a complain, nothing will happen anyway. However, I may be retaliated any eventually lose my job.

Thank you again.


Asked on 2/06/14, 3:45 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You can argue your issue with your employer, but keep in mind that you are an 'at will' employee that can be disciplined or terminated any time for any reason, unless you can prove it was 'illegal' to do so. You may have a right to discuss wages, but that is not the same as a 'protected' right that would make a firing illegal. Many companies have 'no wage discussion' rules they enforce.

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Answered on 2/06/14, 5:54 pm

Mr. Nelson usually gives good answers here, but this time he is just flat wrong. The correct answer is that your boss is right or wrong depending on exactly what she means. She is correct that there is nothing you can do about the policy as long as they don't do anything about it. If she means that they can enforce the policy, however, she is dead wrong. Section 232 specifically makes it illegal to take any adverse action against an employee for discussing wages. Section 232 clearly states that "No employer shall . . . (c) Discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages." So they can't fire you for it, they can't discipline you for it, and they can't negatively affect your working conditions, pay, reviews, etc. in any way based on it. If they do, you would then have grounds for a claim with the labor standards division of the state Dept. of Industrial Relations. They would be required to pay you any lost wages or back pay if they deny you raises on that basis, and possibly penalties and punitive damages as well. Unless and until they actually do something about the policy that negatively affects you, however, she is right that you have no claim.

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Answered on 2/07/14, 10:04 am


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