You ask a coworker what they earn to see how your pay compares. Later, your manager tells you to avoid doing so. But does your manager have the right to stop you from talking about pay?
In California, your employer cannot punish you simply for discussing wages. State law protects your right to share what you earn and ask coworkers about their pay, even if your manager objects.
Your right to discuss wages
Comparing salaries may help you find out whether coworkers earn more for similar work. Even if your workplace has a rule against pay discussions, your employer cannot forbid you from sharing your own wages. It also cannot require you to sign an agreement promising to keep your salary secret.
You are free to ask coworkers what they earn, but they do not have to answer. Your employer does not have to reveal another worker’s pay, either. Your right to ask does not give you access to private payroll records.
When punishment becomes retaliation
Retaliation happens when your employer punishes you for exercising a legal right. If your manager writes you up or fires you for discussing wages, that violates California law. Cutting your hours could also count as retaliation if your employer does so to punish you for the conversation.
However, not every reduction in work hours amounts to retaliation. Your employer may have other reasons for changing your schedule. If your manager warned you against discussing pay shortly before cutting your hours, that warning might help show a connection. The explanation your employer gives for the change also matters.
Keep a record of what follows
You may want to save messages about your pay discussion and copies of your work schedules. It might also help to note when your manager warned you and when your hours changed. Those details could help you assess whether your employer’s actions support a workplace claim.