Is it legal to share your salary?

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And in our last newsletter edition (more on that below), we’re going to answer one of the most common questions we get asked: Is it legal for me to share my salary? Keep reading!

Surveyor (Amtrak): $94K-$122K (Providence, RI)

Insurance Risk Manager (Barclays): $150K-$200K (New York, NY)

Lead Supervisor I (Coach): $20-24/hr (Arvin, CA)

Principal Project Manager (Capital One): $109K-$137K (McLean, VA / Richmond, VA)

Maintenance Tech (Clorox): $32/hr (Morrisville, NC)

Are you allowed to be transparent about your salary?

Since 2022, we’ve asked hundreds of people to share their salaries to promote pay transparency. The most common reason why people decline? Because they’re unsure if they can openly discuss their pay. 

They wonder: Am I allowed? Will I get in trouble? Is there a chance my boss will get upset? Or worse…could I lose my job? 

We’ve got your answers. 

First, some context: In 1935, President Franklin Roosevelt signed the National Labor Relations Act (NLRA) into law to address growing labor unrest and demands for better worker protections. This law gave workers the right to act together to improve their wages and other working conditions. 

But to improve your wages, you must be able to share them. That’s why under the NLRA, you can legally discuss your pay with your coworkers as well as labor organizations, the media, and the public. 

The National Labor Relations Board (NLRB) enforces this right and holds employers accountable if they unfairly retaliate against you for exercising it. 

Are all workers protected by the NLRA?

Unfortunately, not all workers are guaranteed these protections. Here are the workers who are and aren’t protected by the NLRA:

PROTECTED

✅ Large corporations and small businesses

✅ Companies with and without unions

✅ Most of the private sector 

✅ Nonprofit organizations 

✅ Labor organizations 

NOT PROTECTED

🚫 Independent contractors 

🚫 Railway and airline workers

🚫 Agricultural workers

🚫 Domestic workers (housekeepers, nannies, gardeners, etc.) 

🚫 Public workers (except for postal workers)

Not sure whether you’re protected? Good news: you can contact the National Labor Relations Board directly to find out!

What if my boss retaliates against me? 

If you’re one of the protected groups, you have the legal right to discuss your wages (and also keep that private if you prefer not to share).

If you do share your pay publicly, there is a small chance you could face consequences. This is called retaliation, and it comes in many shapes, including withheld wages or tips, unfavorable schedule changes, or even getting fired. 

And if any of this has happened to you, just know your boss is in this Venn diagram:

Denver 9News GIF by nextwithkyleclark

Gif by nextwithkyleclark on Giphy

Retaliation is ILLEGAL. You can report these actions to the National Labor Relations Board and they’ll step in to ensure your employer is held accountable (free of charge). 

So, how can I start the conversation with my coworkers? 

The best way to frame it is to present what your situation is first. Maybe you want to ask for a raise or are simply curious to see if you’re being underpaid at your job. 

Start with something along the lines of, “After working at the company for X amount of time, I’ve been thinking about asking for a raise. After watching Salary Transparent Street, I’m wondering what is a fair number to ask for. What’s been your experience in your career with salary negotiation?”

If you’re curious to see if you’re being underpaid, bring up the topic of something like employee reviews coming up or a new project or responsibility you’ve been given. These topics can be used to naturally steer the conversation into talking about pay.

A few quick tips:

  • Try to frame it in a way that isn’t directly asking them how much they make.

  • Give them the opportunity to get the feel of the conversation and have it naturally evolve from there.

  • Gauge how comfortable they are with it because it isn’t fair to force that conversation if they’re not ready. 

  • Need to practice? Try having this conversation with friends and family beforehand!

And lastly, don’t forget these important takeaways:

1. You can only share what you make

For example, if you find out what colleague A is making and you talk to colleague B, you can’t tell colleague B what colleague A is making.

Even HR can’t have conversations with other people about other people’s salaries.

2. Beware of where and when

Your company might have a clause that prohibits salary conversations on company time or company property.

To be safe, invite your colleague out for coffee or lunch to start that discussion.

When these conversations are in more relaxed environments outside of the office, they tend to be much more productive anyway. 

Next steps

If you find out you’re being underpaid from someone else’s salary, DO NOT storm into your manager’s office and point fingers.

Legally (see above), you can’t tell them that your colleague is making [$X], which is higher than what you make, and then ask for a raise. You’ll need to present an argument for a pay increase competitive with the market rate of your peers based on your experience, skills, etc.

Use what you’ve learned from your colleagues and then do your own research to find your market rate (our free Market Research Guide can help). Then, use a sample script from our free Salary Negotiation Guide to ask for a raise, or learn how to negotiate a job offer if you need to start looking for another job.

Are you underpaid? 💸 Take our free quiz to find out

Does being an Olympian pay? 🤡 The surprising day jobs of 15 US Olympians

Side hustling into burnout 😓 What’s the emotional impact of hustle culture?

Instacart salaries revealed 🛒 How much the delivery service pays their workers

Plot twist: this is the last edition of our newsletter 🥹 but not the end of the conversation!

We’re so proud of what we’ve built and have loved showing up in your inbox every week with career tips, money moves, and the occasional spicy take.

This year, we’re doubling down on stronger content and revamping our Two Cents podcast into something HUGE, and we hope to see you there!

Thank you for opening, clicking, replying, and helping push transparency forward.

With gratitude, always. And remember: if they won’t post the salary range…that’s your answer. 💚

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