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They may feel that their salary is personal information. Under the Equal Pay Act, an employee must file a claim within two years from the date of the violation. Very few rules specifically require employers to keep other types of personnel records confidential. Some employees may feel that their privacy gets invaded when others know salaries. Q. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. In addition, you have the right to discuss and engage in outside activity with other employees concerning public issues that clearly may affect your wages for example, minimum wage or right-to-work laws. The best way to head off those problems is to foster a positive working relationship with your employees. While employees are free to discuss their wages with one another, there must still be some degree of confidentiality. | Leadership Tips. All Rights Reserved. In addition, since some private and governmental employers are already covered by nondiscrimination and affirmative action requirements under the Rehabilitation Act of 1973, EEOC, DOJ, and the Department of Labor similarly coordinate the enforcement effort under the ADA and the Rehabilitation Act. And if a scale or range doesn't exist, the employer must provide the employee with the minimum salary expectation, which must be set prior to posting the position, making a position transfer or making the promotion. Non-disclosure agreements (NDAs) are confidentiality contracts that require two or more parties (such as an employee and employer) to keep specified information secret. The movement toward greater salary transparency has taken off among advocates and legislators in recent years, says Andrea Johnson, director of state policy at the National Women's Law Center. If an employer has several qualified applicants for a job, is the employer required to select a qualified applicant with a disability over other applicants without a disability? The Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Health Insurance Portability and Accountability Act (HIPAA) all have very strict rules about how employers must keep certain types of medical information. This practice is more common in larger companies. The county may rely on salary history voluntarily disclosed by an. In general, your employer can discharge you for any reason or no reason at all. Your salary is a confidential part of your job, and it's not something that you can share with others. Through volunteerism and community leadership, Insperity employees make a difference in the lives of others. When employees look for a new job, they use salary information to negotiate their salary. By Steve Milano Updated May 26, 2021. To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. However, while there is no legal obligation to disclose your previous salary, there is no way to be sure how a particular employer may react. It is also unlawful for an employer to retaliate against you for asserting your rights under the ADA. Have you been terminated? There is a more open and collaborative culture there. A. When do I need to file my Equal Pay Act claim? This practice is becoming more common. Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employer's permission to have such discussions. Deductions from Wages | Department of Labor & Employment - Colorado These restrictions are typically found in the collective bargaining agreement. If your employer violates the NLRA, you may file a charge against them with the NLRB. When potential employers contact your previous employers for reference checks, the information your old boss or HR department reveals will vary from company to company. Wages can be discussed at work in the United States, but it is not illegal. 3 attorney answers Posted on Mar 21, 2013 In the absence of some sort of enforceable agreement between you and the company, it sounds totally legal. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. This right is broad, and encompasses many different types of communications, including: It is unlawful for your employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other, or that requires employees to get the employer's permission to have such discussions.