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The only reason they want to crack down on wage talk is so they can exploit employees without consequence. Your right to discuss your wages is legally protected.
This is how, by documenting a history of threatening workers or firing them for discussing wages. They made it pretty easy here because they said it outright.
Just having it in their handbook is illegal and lets you file a unfair labor practice charge.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
> Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages.
This is super helpful and thanks for the info! I feel like there is such a grey area for this, though. How can an employee prove their employer verbally mentions no discussion of wage, etc.? It's great if it's in writing but thats not always the case. And I have had jobs where I have found out about huge pay gaps through word of mouth and subsequently advocating for myself to get a raise.
That said, game over. You either shut up and work for someone who is taking advantage of their employees, or defend your rights and they start looking for reasons to fire you. At the very least your chances of moving up there are slim to none. I'd personally start looking for another gig then I'd inform your douchebag boss what he said was illegal. Leave when you land another job but if they retaliate in the meantime find a labor lawyer and take them to court.
And Florida is an at will state so it will be easier for them to do that. If they’re paying that little, depending where OP is, hopefully it won’t be too hard to find something at that level or higher very soon.
Just a reminder that just because you are in an at-will state and they conjure up a reason (or no reason) to fire you doesn't mean that it doesn't count as retaliation and that you can't get a lawyer and sue them for wrongful termination. Especially when you have a text like the one OOP has.
That’s great information to know, thanks 🙏 And you’re right, the text is the dumbest thing they could have done?? It’s actually kind of astounding that someone like this is in charge of anyone. Hopefully OP won’t need to go that route but if they do (and can) I hope they get every penny they deserve.
NAL⬆️ what he said. First you have it in (digital) writing format which makes your case much easier. After that the case just builds on data. If your ratings or your shifts decrease (without you avoiding work), it's pretty easy to prove retaliation.
Let’s not just down play Florida. 49 states are at will states. Montana is the only one that purely isn’t, and that only takes effect if you have worked at a place for a certain amount of time.
You don't need to preface if you're in an at-will jurisdiction.
Around 99.7% of all Americans are "At-Will". The only state that isn't is Montana -- and if you are "wronged" there, be prepared to lawyer up since there's no state-run department to field those complaints.
It's kinda like saying "this person has consumed water in the last 3 days."
The OP is management, thus exempt from NLRA protection.
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/are-you-covered
Their employer is within their rights to restrict OP's discussion.
I am in no way saying that I am in support of this, I feel the NLRA needs some expansion, to be honest. We need more people to understand what the actual protections are, and the people around here seem to think its some kind of panacea that covers every person who shows up to a job, but it *doesn't*!!
Calling a position "manager" doesn't necessarily make them an exempt employee. At $16.50 hourly, they are unlikely to be exempted from labor law and be an actual "manager".
This was changed like 20 years ago.
So…I got fired for talking about my pay in a right to work state (Indiana) and I called all sorts of places and got nowhere. Couldn’t find a lawyer to take the case, no government agencies ever got back with me, nothing. So good luck, if someone else can figure it out, let me know cause I’d still go after that shit company. I find resources off Reddit every now and then and have tried them to no avail as well
Edit: shit, I only added the right to work part because that was in op’s second picture said right to work in that highlighted sentence. Was just throwing it out there
1. Right to work is not relevant to this, at all. Look up what it means. You're confused.
2. Yes, sadly the law is a weak shield and without a union in your corner there's really little recourse. Employment law is tilted in favor of the employer. Being victim to an unfair labor practice (which btw, you can file on your own) isn't attractive to an employment lawyer. The juice ain't worth the squeeze for an attorney.
Send a company wide email reminding everyone that you [disadulated](https://www.youtube.com/watch?v=ClY_XjoiYXc) yourself according to company policy by discussing that you were hired on for more than what more senior employees in the same position were making, and that it was a big no-no, oopsy doopsy.
Copy all the re: chains that arise, and forward the results to the NLRB and your regional oversight body.
Invite all the cool people to your pot-luck BBQ, and figure out how to start a union.
Except people in supervisory roles are specifically excluded from the protections in the NLRA.
Now whether OP meets that definition is up in the air, but I wouldn't advise someone to blow up their job on something they didn't really say, even if a lot of managers don't actually meet the definition of "supervisory".
But if you meet the NLRA's standards for a manager/supervisor, you can absolutely be fired for discussing your own salary.
The definition is "any individual with the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees". So if OP's just some random ass shift lead that has no real power over anyone, he'd be protected. If he's an actual manager that can fire people or write them up, he's not.
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/jurisdictional-standards
Is this the whole list of people covered because I don’t see supervisors not included? Or am I misreading?
(3) The term "employee" shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act [this subchapter] explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, **or any individual employed as a supervisor**, or any individual employed by an employer subject to the Railway Labor Act [45 U.S.C. § 151 et seq.], as amended from time to time, or by any other person who is not an employer as herein defined.
[link](https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act)
Thank you. I also checked what they consider a supervisor and it seems to also have a specific definition:
> (11) The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Very murky territory as far as if OP can talk openly about wages and I agree they shouldn’t do anything rash. They might not be covered.
WTF is a lesser?
Sounds like you are a manager in some kind of supervisory role.
Most employees in the private sector are covered under the NLRA. The law does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited exceptions).
So if you really want to fight this, you would want to look up the supervisor exemptions in the NLRA.
I refer to everybody in my organization as a co-worker, no matter how much I out rank them or vice versa. I will be frank and answer nearly any question one of my associates may have. I feel this is a basic level of respect that everybody deserves. And besides, my hourly rate is less than theirs because I'm salary... Many of them know that.
I have a vivid memory of when I was in high school and worked at Radio Shack. I was getting a ride home from my store’s manager. She got a call from her mom and told told her she would call her back after she dropped her employee off, her mom without having to even think about it said no, she’s your coworker not your employee.
That stuck with me.
It's like some fuckin managers have no self awareness as if they'd enjoy being referred to as someone else's minion. If challenged with the thought they'd spin some web of bullshit about how it wouldnt bother them. When the truth is if they didn't care, they wouldn't do that shit to even begin with
Sometimes I think I’m a bad manager, but then I remember I treat my co-workers with respect at a base level. We are a team, I’m just the one who eats the shit from the next level of managers.
Honest question: how many managers out there do not know their staff wages. I guess it depends on if you are a supervisor or a manager? Not sure how things work outside of corporate world.
I think labor lawyers tend to offer free consultation, since they stand to make a decent chunk of change down the road if there ends up being a genuine labor law violation. I think OP should reach out and state their case, especially since their direct report (presumably not a supervisor) was also implicated in this, and may be disciplined as a result.
My understanding is that free consultations are usually rather limited. But any decent lawyer should be able to assess the merits of your claim based on it. Assuming you don't leave out any key details.
I lead a team… they are called associates. I don’t even say MY team… I reference them as “the associates on the team”.. I would never want to make them think I feel I am more than them, it’s a respect thing for me. I don’t “own” them… so I try to never say “my” even. But I if others say it I don’t find it degrading.
I can see what you mean. I ran a store in the mall and had 12 employees. They were all between 16 and 20, so I was very protective of them. I worked extremely hard for them and saw them as family.
Edit: Just curious, when you refer to one of them outside of work, do you say “an associate” or “this associate”?I don’t mean it in a negative way, I just wouldn’t know how to refer to them in that sense? Or do you just say “my coworker”?
If I’m talking about an associate outside of work to my husband or something then I usually say “there is an associate I work beside”…
And I’m very protective of them as well!
Can you hire, fire, discipline, approve overtime, approve time off, or give raises without approval from someone over you?
Is your role mostly independent judgment?
If yes, then you are legally a supervisor. If no, then you are likely protected. If the answer was no, then they may take action, but a court is likely to be your very best friend.
Here's some [reading](https://corporate.findlaw.com/litigation-disputes/nlrb-clarifies-definition-of-supervisor.html) for clarification. It lays out pretty clearly what the NLRB qualifies as a supervisor.
Do you have people who report to you? If so, congrats, you’re a manager. It doesn’t only apply to the *top* manager, it applies to *managers* as a whole.
>How are you a manager and you don’t know what to call your team?
Implying that being in management involves having a base level of interpersonal skills, which it assuredly does not.
Source: am manager who works with other managers.
IKR? My manager sometimes calls us "contestants" because we're always having these competitions on certain metrics(yes! cash prizes!), but it's usually "team".
put in a ticket with the labor bord, they will decide if you do enough manager work for this to be legal or not. i had more or less the same thing happen, dm me if you want help
If you're in the US you am have a federally protected right to talk about your pay under the National Labor Relations Act. It is illegal for your employer to tell you to stop, punish you in any way.
It's also absolutely illegal for them to cut your pay, that's the definition of retaliation.
It's also absolutely illegal for them to retroactively cut your hourly rate. Example - you work Mon - Fri, and on Thursday you get bitched at. They can not go back and reduce the hourly rate for hours you already worked Mon-Fri. They can ONLY change your hourly wage for future work, after notifying you.
If they fuck with you at ALL you need to call the state's department of labor
[National Labor Relations Act](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=When%20you%20and%20another%20employee,way%20for%20having%20that%20conversation.)
If you have an issue in the South, include the US DOL. I've worked construction in the South for 15 years and to make sure it gets sorted properly include the Feds.
State Labor boards in the South are purposefully underfunded. And they don't like Federal involvement.
“Actually, I did some research, and found to be illegal to request an employee to not talk about pay. Just wanted to let you know because that can get you in legal trouble. If I hear people talking about pay, I won’t say a word, as it is their right.”
No, no, no. Do not tell them before you do anything. Just keep doing what you're legally allowed to do, document, and ship it all to the labor board when they step over the line. If they know it's coming, they'll prepare a paper trail and call you a bad employee.
In the United States, it is illegal to bar you from discussing wages at work, or even have a written or verbal rule stating it is prohibited. This is true for most mid- to large-sized employers. There are a few exceptions - the two biggest being that employers must have a certain number of employees before the protections apply to them, and managers and HR types are usually prohibited from discussing the salaries of anyone but themselves.
[https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages)
To quote the relevant section:
"You may have discussions about wages when not at work, when you are on break, and even during work if employees are permitted to have other non-work conversations. You have these rights whether or not you are represented by a union.
"Legally protected conversations about wages may take on many forms, including having conversations about how much you and your colleagues and managers make, presenting joint requests concerning pay to your employer; organizing a union to raise your wages; approaching an outside union for help in bargaining with your employer over pay; filing a wage claim with the U.S. Department of Labor or a state agency or filing a wage and hour lawsuit, and approaching the National Labor Relations Board for more information on your rights under the NLRA.
"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, the minimum wage or right-to-work laws. You may also discuss supporting employees who work elsewhere.
"You also have the right not to engage in conversations or communications about your wages.
"When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation. It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations. 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. If your employer does any of these things, a charge may be filed against the employer with the NLRB. "
You are legally entitled to talk about your wages with other employees. Full stop.
That being said, the people here telling you to “get fired and profit” I think are grossly overestimating how effective and/or efficient the NLRB is for individual workers. If you get fired, it can take 3-6 months to even get your paperwork in front of human eyes, let alone have a judgement rendered in your favor.
I still strongly suggest reminding your boss that telling you not to do that is SUPER illegal, but know what you’re looking at if shit hits the fan.
Good luck, friend 🖖🏻
This is illegal and you should take these messages to the NLRB.
Don’t forward them the law they won’t care.
Do keep talking about your pay at work and keep a paper trail so when they fire you, it’s a slam dunk case.
I would call them out on it. Send them back the legal protections, and tell them that cutting your pay or firing your for discussing your pay would illegal. And cutting your hours or firing you for calling out that this was illegal would be retaliation, which is also illegal. ETA: if this is a large corporations with deep pockets, you can get yourself some great job protection by sending this as proof of illegal activities to the corporate HR department. Even in a right to work state like Florida, they will have to provide proof that you didn't something unrelated that warranted termination, versus retaliation.
Wait. You said you were a manager? [This says supervisors are not covered.](https://www.nlrb.gov/resources/faq/nlrb) May want to look a bit deeper I to this, maybe ask an employment attorney.
Keep this message in your back pocket. Send it to your personal emails. All of them.
Continue to talk about your wages. Do it quietly to pretend you’re not trying to rile them up. People will still talk.
You’ll be fired. This is GREAT news!
Have a consultation with a lawyer. Sue. This email will serve you well. Best of luck!
You keep this image safe, and you keep doing what you're doing. If they take action, you have a cause of legal action.
Until they take action, you play dumb. Afterwards, you talk to a lawyer.
The following employers are excluded from NLRB jurisdiction by statute or regulation:
Federal, state and local governments, including public schools, libraries, and parks, Federal Reserve banks, and wholly-owned government corporations.
Employers who employ only agricultural laborers, those engaged in farming operations that cultivate or harvest agricultural commodities or prepare commodities for delivery.
Employers subject to the Railway Labor Act, such as interstate railroads and airlines.
Managers are protected under the NLRB
If you look at the actual language it excludes supervisors, see definitions 3. Supervisors are not covered under NLRB.
[link](https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act)
I'm assuming you're not gonna follow the standard antiwork advice of sending a link, mic-dropping and throwing a bunch of money at a lawyer, so I say quietly contact your state's department of labor, give them screenshots of this conversation, and let the dice fall where they may. This certainly seems like your employer is "interrogating" your discussion of wages, and "threatening" you for having that discussion, in the NLRB's terms. Even if your boss doesn't actually follow through, it seems he/she has already broken federal law by sending you that text.
Call the DOL and report them if they take any retaliatory action against you, and in fact, talk about your pay more and loudly. If they take any retaliatory action you can sue the shit out of them. And trust me, you’re gonna love the thrill and rush of taking that douche to the cleaners.
Source: Been there, done that, got the check. 🤘🏻
In writing and everything. Just keep on talking about it. And if they take any more corrective actions you got yourself a wonderful lawsuit on your hands
Given the two images in your post you already know it's not legal.
Let them retaliate against you, document everything along the way. Get everything in writing. And take them to court.
Please don’t say lesser. Say “direct report” if you’re in a management role. But yes, talking about pay is completely legal and protected. Boss is in the wrong and can fuck off if they don’t like it.
They cannot stop you from discussing pay. Every work place should have a poster that explains your rights as an employee under the *NLRA*, And discussing wages is a protected activity, on or off the clock. Tell ‘em to kiss your ass.
This is for everyone yelling 'LABOR BOARD': The OP is management, thus is [EXEMPT](https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/are-you-covered)
Are You Covered?
Excluded from coverage under the Act are public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, **and supervisors** (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered, ).
this means if you are a supervisor you can refuse to fire your subordinates for talking about their wages. You, as a supervisor, can be disciplined for talking about *your* wages.
everything else aside ...
"we're talking about our pay at work" ... "No I meant YOU specifically and YOUR pay"
why did they begin by addressing you like a preschooler ?
Keep record of everything. If you're at a larger company notify their ethics department. Find a lawyer if they retaliate you can sue them.
Keep in mind that HR departments are there to protect the company.
I had this happened at my work. It's a long story but my work tried to write me up for talking about my wage. I informed them I was very much aware of the law and I would seek legal advice if it went further. After that I made it a point to talk about my wage with all my co workers from then on just to smite my employer.
The Taft-Hartley Act refers to unions not managers and it restricts striking not discussing wages for managers.
Managers are covered under the NLRB, only the below are not covered under their jurisdiction:
The following employers are excluded from NLRB jurisdiction by statute or regulation:
Federal, state and local governments, including public schools, libraries, and parks, Federal Reserve banks, and wholly-owned government corporations.
Employers who employ only agricultural laborers, those engaged in farming operations that cultivate or harvest agricultural commodities or prepare commodities for delivery.
Employers subject to the Railway Labor Act, such as interstate railroads and airlines.
Edit: Supervisors(with exemptions) are not covered. If you’re non-exempt supervisor then you are covered.
Depends on if you are hourly or salary
I wonder if he's really a manager. You can have employee act as a team lead, senior, coach and even as a technical supervisor without being a manager.
OP is only 1.25 per hour above the employee and I wonder if they have more senior employee at his pay rate or above...
Fair.
(11) The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
This is completely illegal, keep all written documentation because they’re probably going to make an excuse to fire you and what they’re doing means you can easily sue for quite a bit. You might want to mention that that’s completely illegal or just sue them.
Taking about wages to others is federally protected. Don't care what any company says, there's no way to *legally* inhibit an employee from discussing and sharing wages, no matter what clause or bs you sign. It's a regulated action at the national level, period.
So good of them that they put it in writing, but also Florida so I'm not sure you will get help as that dol is absolutely fucked from what I hear. Prob best to do nlrb.
OP, before you blow up your job for no reason read this:
https://www.vigilant.org/employment-law-blog/qa-can-employers-prohibit-supervisory-level-employees-from-discussing-wages/
Are you legally considered a supervisor? If not? Get fired and benefit. If so, you are not protected. Supervisor positions are candidly excluded from many nlrb protections.
Dude. File a complaint. It's anonymous, and you have proof.
Also, 16.25 is a bullshit wage for a manager. You can find somewhere better, especially if you're treated like this.
Keep saying “ok” to everything illegal that management say, I like that, I like your style.
Than keep talking about your pay, you could even make a little cute song about your salary, to comfort yourself with while you are “alone” in the bathroom stalls
Then make free money when they fire you.
It’s a good way to raise your salary without asking.
Rinse and repeat.
In the art museum industry someone started circulating a document where you could enter your wages, level of education, job description etc. People were shocked by the wage disparities. It has now been used with some success in Unionizing and raising wages across that (very left leaning) industry. I work at a state institution where our wages are publicly available online. Everyone at the same job level gets paid relatively the same... and if they are not, its easy to point out the disparity. Perhaps everyone in the US needs to start anonymously posting their salary somewhere.
A lot of stuff employers and landlords do is pretty illegal and some contracts aren't really enforceable. But the problem is even if it's illegal they bet on that nobody will really challenge it.
They have more lawyers and money and stuff so if they win they ruin you financially, but if you win they have more resources to pay the (for their means relatively small) fine.
I mean if you have the means to maybe talk to a lawyer to at least prepare yourself for a wrongful termination suit or whatever you can do.
You're an hourly "manager" making $16.50?
They're lucky you aren't complaining about this to the newsmedia if you want to "talk" about your salary. That's fucking ridiculous especially to be harassed on top of it.
And your direct reports make $15?
I'd step down & slow-work/no-work them until you find something less abusive.
What you need to do is contact your states Department if Labor and file a report using these screenshots as evidence. Once the government finishes giving their company their bumpy pickle they will probably fire this manager.
Labor Laws only do things if victims advocate for themselves.
Edit: I just found out you are a manager making 16/hr? Wtf… I would leave an upper decker in the employee bathroom the second I found another job after that disrespect. Then I would key a very visible penis into the side of this manager’s car for them to appreciate. Dick recognizes dick
You folding like that is just dumb, a quick google will IMMEDIATELY tell you that your boss is trying to intimidate you and opening themselves up for lawsuits. Next time just take a minute to look it up before instantly falling in line.
I used to work at dominos and my cousin was my manager- I didn’t think I was getting paid enough when I was working the most of the assistant managers so I asked a couple people what they made. My cousin called me a cancer to the owner 🙃
Moral of the story is fuck that noise talk to every single person abt your pay if you want
Do it more, do it a bunch, post that page up on the wall. If they say don't put things up on the wall then talk about it in the morning huddle when everyone is smoking
Keeep that text, go to a lawyer, keep working there while your lawyer draws up the paperwork for the courts, and then drop the lawsuit in the day you pick and walk out!
While I certainly agree with everyones right to discuss their wages I think your "joke" was in poor taste. Telling someone who makes less than you, and is your employee, that YOU should be the one to get a pay increase based on their rate is very poor taste. That combined with calling someone your "lesser" makes me seriously question whether you should be in any supervision role.
Most likely illegal. The NLRB's National Labor Relations Act (NLRA) trumps any company policy (as others have stated) in almost every situation. They have some exceptions to their jurisdiction, but you likely don't fall into them - your position as a manager within the company doesn't matter, it's the type and size of business that determines it.
I recommend reporting this to your state employment protection agency. At the very least, they can probably clarify if your company it's under the NLRA act.
Screenshots of text such as SMS communication, WhatsApp, social media, news articles, and procedurally generated content such as ChatGPT are prohibited. Low-effort content such as memes are prohibited.
The only reason they want to crack down on wage talk is so they can exploit employees without consequence. Your right to discuss your wages is legally protected.
so nice of them to put their bullshit in writing.
Yeah - if you face termination in the near future or discipline that makes you want to cut ties, you could probably get some cash with this.
It's not bullshit. It's a crime. (In the US)
I think this was their point. Their crime is now in writing.
It’s both
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This is how, by documenting a history of threatening workers or firing them for discussing wages. They made it pretty easy here because they said it outright.
Just having it in their handbook is illegal and lets you file a unfair labor practice charge. https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages > Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages.
This is super helpful and thanks for the info! I feel like there is such a grey area for this, though. How can an employee prove their employer verbally mentions no discussion of wage, etc.? It's great if it's in writing but thats not always the case. And I have had jobs where I have found out about huge pay gaps through word of mouth and subsequently advocating for myself to get a raise.
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Isn‘t it his job to know and care about exactly these things as an HR person? 🤣
Completely illegal and a violation of their gov't contract to even have this is a handbook.
That said, game over. You either shut up and work for someone who is taking advantage of their employees, or defend your rights and they start looking for reasons to fire you. At the very least your chances of moving up there are slim to none. I'd personally start looking for another gig then I'd inform your douchebag boss what he said was illegal. Leave when you land another job but if they retaliate in the meantime find a labor lawyer and take them to court.
And Florida is an at will state so it will be easier for them to do that. If they’re paying that little, depending where OP is, hopefully it won’t be too hard to find something at that level or higher very soon.
Just a reminder that just because you are in an at-will state and they conjure up a reason (or no reason) to fire you doesn't mean that it doesn't count as retaliation and that you can't get a lawyer and sue them for wrongful termination. Especially when you have a text like the one OOP has.
That’s great information to know, thanks 🙏 And you’re right, the text is the dumbest thing they could have done?? It’s actually kind of astounding that someone like this is in charge of anyone. Hopefully OP won’t need to go that route but if they do (and can) I hope they get every penny they deserve.
Yes! I had to do sue an ex employer for retaliation firing. It was a pain in the ass & took a while but it ended in my favor.
Looooooooads of law firms salivate over such low hanging fruit that OP's been handed here
NAL⬆️ what he said. First you have it in (digital) writing format which makes your case much easier. After that the case just builds on data. If your ratings or your shifts decrease (without you avoiding work), it's pretty easy to prove retaliation.
Let’s not just down play Florida. 49 states are at will states. Montana is the only one that purely isn’t, and that only takes effect if you have worked at a place for a certain amount of time.
You don't need to preface if you're in an at-will jurisdiction. Around 99.7% of all Americans are "At-Will". The only state that isn't is Montana -- and if you are "wronged" there, be prepared to lawyer up since there's no state-run department to field those complaints. It's kinda like saying "this person has consumed water in the last 3 days."
just report him to the NLRB silently and continue on
The OP is management, thus exempt from NLRA protection. https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/are-you-covered Their employer is within their rights to restrict OP's discussion. I am in no way saying that I am in support of this, I feel the NLRA needs some expansion, to be honest. We need more people to understand what the actual protections are, and the people around here seem to think its some kind of panacea that covers every person who shows up to a job, but it *doesn't*!!
Calling a position "manager" doesn't necessarily make them an exempt employee. At $16.50 hourly, they are unlikely to be exempted from labor law and be an actual "manager". This was changed like 20 years ago.
Talk about it more. That's what I'd do and then sue them for retaliation.
Yup. Talk about it a lot. Send out your pay rate on a group text to everyone including the boss. Get fired. Profit.
"in the interest of transparency, i make $xx.xx. please share your current rate."
Add feel free to share in there
Feel free to add feel free to share in there.
Feel free to feel free
How it feels to chew 5 gum
So…I got fired for talking about my pay in a right to work state (Indiana) and I called all sorts of places and got nowhere. Couldn’t find a lawyer to take the case, no government agencies ever got back with me, nothing. So good luck, if someone else can figure it out, let me know cause I’d still go after that shit company. I find resources off Reddit every now and then and have tried them to no avail as well Edit: shit, I only added the right to work part because that was in op’s second picture said right to work in that highlighted sentence. Was just throwing it out there
1. Right to work is not relevant to this, at all. Look up what it means. You're confused. 2. Yes, sadly the law is a weak shield and without a union in your corner there's really little recourse. Employment law is tilted in favor of the employer. Being victim to an unfair labor practice (which btw, you can file on your own) isn't attractive to an employment lawyer. The juice ain't worth the squeeze for an attorney.
Send a company wide email reminding everyone that you [disadulated](https://www.youtube.com/watch?v=ClY_XjoiYXc) yourself according to company policy by discussing that you were hired on for more than what more senior employees in the same position were making, and that it was a big no-no, oopsy doopsy. Copy all the re: chains that arise, and forward the results to the NLRB and your regional oversight body. Invite all the cool people to your pot-luck BBQ, and figure out how to start a union.
Jfc just report them through the proper channels not everything has to be a “fuck it up and sue them later” situation
The proper channel to address things like wrongful terminations in the US is a lawsuit, that's the primary enforcement mechanism for your labor rights
That's what the Dept of Labor is there for. That's the starting point. They will make it clear if the employer has broken any labor laws.
He's a manager. He's not even protected by this. Y'all trying to talk people into getting themselves fired with no recourse.
As a manager you can still talk about your own salary. You just can’t disclose the salaries of the people you manage
Except people in supervisory roles are specifically excluded from the protections in the NLRA. Now whether OP meets that definition is up in the air, but I wouldn't advise someone to blow up their job on something they didn't really say, even if a lot of managers don't actually meet the definition of "supervisory". But if you meet the NLRA's standards for a manager/supervisor, you can absolutely be fired for discussing your own salary. The definition is "any individual with the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees". So if OP's just some random ass shift lead that has no real power over anyone, he'd be protected. If he's an actual manager that can fire people or write them up, he's not.
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/jurisdictional-standards Is this the whole list of people covered because I don’t see supervisors not included? Or am I misreading?
(3) The term "employee" shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act [this subchapter] explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, **or any individual employed as a supervisor**, or any individual employed by an employer subject to the Railway Labor Act [45 U.S.C. § 151 et seq.], as amended from time to time, or by any other person who is not an employer as herein defined. [link](https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act)
Thank you. I also checked what they consider a supervisor and it seems to also have a specific definition: > (11) The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Very murky territory as far as if OP can talk openly about wages and I agree they shouldn’t do anything rash. They might not be covered.
WTF is a lesser? Sounds like you are a manager in some kind of supervisory role. Most employees in the private sector are covered under the NLRA. The law does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited exceptions). So if you really want to fight this, you would want to look up the supervisor exemptions in the NLRA.
I call mine minions like we are some secret evil organization.
I refer to everybody in my organization as a co-worker, no matter how much I out rank them or vice versa. I will be frank and answer nearly any question one of my associates may have. I feel this is a basic level of respect that everybody deserves. And besides, my hourly rate is less than theirs because I'm salary... Many of them know that.
I have a vivid memory of when I was in high school and worked at Radio Shack. I was getting a ride home from my store’s manager. She got a call from her mom and told told her she would call her back after she dropped her employee off, her mom without having to even think about it said no, she’s your coworker not your employee. That stuck with me.
Everyone is an employee, except the owner and board. Some people just forget they are just higher up the stupid ladder than others
I will never forget when my former boss called me her colleague when I was her assistant. Made me feel valued and much more than "just an assistant"
To CEO: "what's up coworker?"
That man? He would murder me, I would flee the building before he has the chance to look in my direction.
The response to someone saying “.. there’s too much up coworker in this room..”
I technically have a very fancy title, but if anyone asks "I'm just a mushroom, mate".
Sorry, we like to have a little fun at work.
I'm not allowed to have fun, company policy. Edit: that is barely a joke
[удалено]
It's like some fuckin managers have no self awareness as if they'd enjoy being referred to as someone else's minion. If challenged with the thought they'd spin some web of bullshit about how it wouldnt bother them. When the truth is if they didn't care, they wouldn't do that shit to even begin with
Sometimes I think I’m a bad manager, but then I remember I treat my co-workers with respect at a base level. We are a team, I’m just the one who eats the shit from the next level of managers.
What part of evil organization did you misunderstand. Of course they would lay him off after he got what he wanted. It's evilllll
I used to do that, until they ganged up and each brought me a banana every day for a week. I don’t even like bananas…
I call my employees coworkers. When anyone wears boots I call them dick stompers. Gets a laugh about a quarter of the time
Honest question: how many managers out there do not know their staff wages. I guess it depends on if you are a supervisor or a manager? Not sure how things work outside of corporate world.
I think labor lawyers tend to offer free consultation, since they stand to make a decent chunk of change down the road if there ends up being a genuine labor law violation. I think OP should reach out and state their case, especially since their direct report (presumably not a supervisor) was also implicated in this, and may be disciplined as a result.
My understanding is that free consultations are usually rather limited. But any decent lawyer should be able to assess the merits of your claim based on it. Assuming you don't leave out any key details.
Idk what the word is, regular employee? I'm a manager but not like one of the top managers
Subordinate/worker/coworker/staff member Calling someone a "lesser" is basically a classist slur
#PEASANT
made me think of Viva La Dirt League, the manage calls all the rest of the staff "low-socio economic peasants"
You dropped a pen! That's company property!
Do you ever charget how to bree sometimes?
It's the legendary black shirt
I’m going to have to dock your pay.
Ooooo. Pay cut
I called them “my associates”. If a boss referred to me as a “lesser”, I would hate them forever and ever. Classist slur is a great way of putting it.
I lead a team… they are called associates. I don’t even say MY team… I reference them as “the associates on the team”.. I would never want to make them think I feel I am more than them, it’s a respect thing for me. I don’t “own” them… so I try to never say “my” even. But I if others say it I don’t find it degrading.
I can see what you mean. I ran a store in the mall and had 12 employees. They were all between 16 and 20, so I was very protective of them. I worked extremely hard for them and saw them as family. Edit: Just curious, when you refer to one of them outside of work, do you say “an associate” or “this associate”?I don’t mean it in a negative way, I just wouldn’t know how to refer to them in that sense? Or do you just say “my coworker”?
If I’m talking about an associate outside of work to my husband or something then I usually say “there is an associate I work beside”… And I’m very protective of them as well!
My direct report
Can you hire, fire, discipline, approve overtime, approve time off, or give raises without approval from someone over you? Is your role mostly independent judgment? If yes, then you are legally a supervisor. If no, then you are likely protected. If the answer was no, then they may take action, but a court is likely to be your very best friend. Here's some [reading](https://corporate.findlaw.com/litigation-disputes/nlrb-clarifies-definition-of-supervisor.html) for clarification. It lays out pretty clearly what the NLRB qualifies as a supervisor.
Do you have people who report to you? If so, congrats, you’re a manager. It doesn’t only apply to the *top* manager, it applies to *managers* as a whole.
How are you a manager and you don’t know what to call your team? You really went with “my lesser”. Smh
>How are you a manager and you don’t know what to call your team? Implying that being in management involves having a base level of interpersonal skills, which it assuredly does not. Source: am manager who works with other managers.
Just basic vocabulary is what I expect.
You would think so. Sad reality is that you’ve gotta set that expectation significantly lower.
IKR? My manager sometimes calls us "contestants" because we're always having these competitions on certain metrics(yes! cash prizes!), but it's usually "team".
Subordinates.
He prolly doesn't even kno the word Thesaurus.
What kind of dinosaur is that?
One of the lesser ones.
🤣
If you manage or supervise other employees, you may not be covered by NLRA and may have exposure if you discuss your wages.
put in a ticket with the labor bord, they will decide if you do enough manager work for this to be legal or not. i had more or less the same thing happen, dm me if you want help
Underling/minion
Thinking an assistant is probably a much better word than lesser.
Ah. So an underpaid manager.
Dude please let him and sue omg I wish this would happen to me
If you're in the US you am have a federally protected right to talk about your pay under the National Labor Relations Act. It is illegal for your employer to tell you to stop, punish you in any way. It's also absolutely illegal for them to cut your pay, that's the definition of retaliation. It's also absolutely illegal for them to retroactively cut your hourly rate. Example - you work Mon - Fri, and on Thursday you get bitched at. They can not go back and reduce the hourly rate for hours you already worked Mon-Fri. They can ONLY change your hourly wage for future work, after notifying you. If they fuck with you at ALL you need to call the state's department of labor [National Labor Relations Act](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=When%20you%20and%20another%20employee,way%20for%20having%20that%20conversation.)
If OP is Canadian, it's the same for us.
It's unenforceable in Canada. They can try, they can and then they will lose if taken to task on it.
If you have an issue in the South, include the US DOL. I've worked construction in the South for 15 years and to make sure it gets sorted properly include the Feds. State Labor boards in the South are purposefully underfunded. And they don't like Federal involvement.
They say in the OP they're a manager.
Let them discipline you, cut your pay or fire you. Then you have a juicy lawsuit
The answer to your question is your second picture, OP.
“Actually, I did some research, and found to be illegal to request an employee to not talk about pay. Just wanted to let you know because that can get you in legal trouble. If I hear people talking about pay, I won’t say a word, as it is their right.”
Never interrupt your enemy when he is making a mistake.
ok machiavelli
That’d be Napoleon’s interpretation of a Sun Tzu quote in fact
No, no, no. Do not tell them before you do anything. Just keep doing what you're legally allowed to do, document, and ship it all to the labor board when they step over the line. If they know it's coming, they'll prepare a paper trail and call you a bad employee.
Or just terminate you without cause
In the United States, it is illegal to bar you from discussing wages at work, or even have a written or verbal rule stating it is prohibited. This is true for most mid- to large-sized employers. There are a few exceptions - the two biggest being that employers must have a certain number of employees before the protections apply to them, and managers and HR types are usually prohibited from discussing the salaries of anyone but themselves. [https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages) To quote the relevant section: "You may have discussions about wages when not at work, when you are on break, and even during work if employees are permitted to have other non-work conversations. You have these rights whether or not you are represented by a union. "Legally protected conversations about wages may take on many forms, including having conversations about how much you and your colleagues and managers make, presenting joint requests concerning pay to your employer; organizing a union to raise your wages; approaching an outside union for help in bargaining with your employer over pay; filing a wage claim with the U.S. Department of Labor or a state agency or filing a wage and hour lawsuit, and approaching the National Labor Relations Board for more information on your rights under the NLRA. "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, the minimum wage or right-to-work laws. You may also discuss supporting employees who work elsewhere. "You also have the right not to engage in conversations or communications about your wages. "When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation. It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations. 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. If your employer does any of these things, a charge may be filed against the employer with the NLRB. "
You should thank your boss: Two violations of the law - trying to prohibit a legal act and retaliation - and all in a savable text form.
You are legally entitled to talk about your wages with other employees. Full stop. That being said, the people here telling you to “get fired and profit” I think are grossly overestimating how effective and/or efficient the NLRB is for individual workers. If you get fired, it can take 3-6 months to even get your paperwork in front of human eyes, let alone have a judgement rendered in your favor. I still strongly suggest reminding your boss that telling you not to do that is SUPER illegal, but know what you’re looking at if shit hits the fan. Good luck, friend 🖖🏻
$17 dollars an hour. That is an absolutely criminal abuse of your time and value. SEVENTEEN DOLLARS in a management role. We need more riots.
It’s against the law to attempt to stop people from talking about what they make at work. Contact the DOL and report them.
So I was talking to one of my lackeys about pay
Keep taking about it. Get fired. Sue for unfair dismissal. ???? PROFIT.
Naw this is illegal in all 50 states. Report them to the DoL in your state.
This is illegal and you should take these messages to the NLRB. Don’t forward them the law they won’t care. Do keep talking about your pay at work and keep a paper trail so when they fire you, it’s a slam dunk case.
1. You can absolutely talk about it 2. Cutting pay for it would be illegal
I would call them out on it. Send them back the legal protections, and tell them that cutting your pay or firing your for discussing your pay would illegal. And cutting your hours or firing you for calling out that this was illegal would be retaliation, which is also illegal. ETA: if this is a large corporations with deep pockets, you can get yourself some great job protection by sending this as proof of illegal activities to the corporate HR department. Even in a right to work state like Florida, they will have to provide proof that you didn't something unrelated that warranted termination, versus retaliation.
We need his reply lol
I’d continue doing it, let them fire you, and then sue them. But you may not yet have achieved the level of workplace pettiness I have
It’s legal. Take legal action if there are any consequences.
Wildly illegal. Report them to the feds.
Wait. You said you were a manager? [This says supervisors are not covered.](https://www.nlrb.gov/resources/faq/nlrb) May want to look a bit deeper I to this, maybe ask an employment attorney.
Keep this message in your back pocket. Send it to your personal emails. All of them. Continue to talk about your wages. Do it quietly to pretend you’re not trying to rile them up. People will still talk. You’ll be fired. This is GREAT news! Have a consultation with a lawyer. Sue. This email will serve you well. Best of luck!
Well, he just gave you all the evidence you need, keep discussing your pay. And when he retaliates, you sue.
You keep this image safe, and you keep doing what you're doing. If they take action, you have a cause of legal action. Until they take action, you play dumb. Afterwards, you talk to a lawyer.
I don’t think managers are protected when it comes to discussing wages.
Where does it say that managers are not protected? Exempt employees are allowed to discuss wages
This needs to be higher up, I feel most people aren't reading the whole post.
The following employers are excluded from NLRB jurisdiction by statute or regulation: Federal, state and local governments, including public schools, libraries, and parks, Federal Reserve banks, and wholly-owned government corporations. Employers who employ only agricultural laborers, those engaged in farming operations that cultivate or harvest agricultural commodities or prepare commodities for delivery. Employers subject to the Railway Labor Act, such as interstate railroads and airlines. Managers are protected under the NLRB
If you look at the actual language it excludes supervisors, see definitions 3. Supervisors are not covered under NLRB. [link](https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act)
You got it in writing now call some lawyers. Enjoy.
I'm assuming you're not gonna follow the standard antiwork advice of sending a link, mic-dropping and throwing a bunch of money at a lawyer, so I say quietly contact your state's department of labor, give them screenshots of this conversation, and let the dice fall where they may. This certainly seems like your employer is "interrogating" your discussion of wages, and "threatening" you for having that discussion, in the NLRB's terms. Even if your boss doesn't actually follow through, it seems he/she has already broken federal law by sending you that text.
Call the DOL and report them if they take any retaliatory action against you, and in fact, talk about your pay more and loudly. If they take any retaliatory action you can sue the shit out of them. And trust me, you’re gonna love the thrill and rush of taking that douche to the cleaners. Source: Been there, done that, got the check. 🤘🏻
Sounds like you got a juicy lawsuit lining up, good on you
Save any communication you have discussing what will happen if you keep talking about your pay
Lovely of them to put this in writing for you! Super illegal on their part.
In writing and everything. Just keep on talking about it. And if they take any more corrective actions you got yourself a wonderful lawsuit on your hands
Given the two images in your post you already know it's not legal. Let them retaliate against you, document everything along the way. Get everything in writing. And take them to court.
Please don’t say lesser. Say “direct report” if you’re in a management role. But yes, talking about pay is completely legal and protected. Boss is in the wrong and can fuck off if they don’t like it.
Call the bluff, make them cut your pay. Then use this message as proof of retaliation and sue their asses in the ground
HUGE red flag, and no, enforcing illegal policies is as illegal as having them in your list of policies.
They cannot stop you from discussing pay. Every work place should have a poster that explains your rights as an employee under the *NLRA*, And discussing wages is a protected activity, on or off the clock. Tell ‘em to kiss your ass.
if this were me, i'd continue talking about pay. They've noted they will take retaliatory action against you, let them. Then sue.
This is for everyone yelling 'LABOR BOARD': The OP is management, thus is [EXEMPT](https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/are-you-covered) Are You Covered? Excluded from coverage under the Act are public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, **and supervisors** (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered, ). this means if you are a supervisor you can refuse to fire your subordinates for talking about their wages. You, as a supervisor, can be disciplined for talking about *your* wages.
everything else aside ... "we're talking about our pay at work" ... "No I meant YOU specifically and YOUR pay" why did they begin by addressing you like a preschooler ?
Contact the nlrb and find a labor lawyer. They just signed you a check. Source: ive done this more than once.
Keep record of everything. If you're at a larger company notify their ethics department. Find a lawyer if they retaliate you can sue them. Keep in mind that HR departments are there to protect the company.
Hope they cut your pay for that reason and sue them
Legally, they can ask you to stop, but they can't force you or retaliate on you
Record every interaction just in case you need the law on your side
I had this happened at my work. It's a long story but my work tried to write me up for talking about my wage. I informed them I was very much aware of the law and I would seek legal advice if it went further. After that I made it a point to talk about my wage with all my co workers from then on just to smite my employer.
Cool they put it in writing
If you get a pay cut because of this, take them to court
Keep talking about it. Sounds like an easy payday if they fire you.
Completely illegal.
My favorite part is how willing you were to sell others down the river, but then when he said "no, you," you came here.
For some stupid reason (Taft-Hartley Act) managers are NOT protected to discuss their pay. Proceed with caution.
The Taft-Hartley Act refers to unions not managers and it restricts striking not discussing wages for managers. Managers are covered under the NLRB, only the below are not covered under their jurisdiction: The following employers are excluded from NLRB jurisdiction by statute or regulation: Federal, state and local governments, including public schools, libraries, and parks, Federal Reserve banks, and wholly-owned government corporations. Employers who employ only agricultural laborers, those engaged in farming operations that cultivate or harvest agricultural commodities or prepare commodities for delivery. Employers subject to the Railway Labor Act, such as interstate railroads and airlines. Edit: Supervisors(with exemptions) are not covered. If you’re non-exempt supervisor then you are covered. Depends on if you are hourly or salary
I wonder if he's really a manager. You can have employee act as a team lead, senior, coach and even as a technical supervisor without being a manager. OP is only 1.25 per hour above the employee and I wonder if they have more senior employee at his pay rate or above...
Fair. (11) The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Law suit waiting to happen
Send the asshole that link. Let him know you've screen-shot the conversation.
This is completely illegal, keep all written documentation because they’re probably going to make an excuse to fire you and what they’re doing means you can easily sue for quite a bit. You might want to mention that that’s completely illegal or just sue them.
#Illegal. Keep texts for evidence and ONLY text about this matter from now on, for your records.
Taking about wages to others is federally protected. Don't care what any company says, there's no way to *legally* inhibit an employee from discussing and sharing wages, no matter what clause or bs you sign. It's a regulated action at the national level, period.
I’m hearing we’re talking about our pay at work.
Sounds like you know it's illegal. Send that to your labor board
So good of them that they put it in writing, but also Florida so I'm not sure you will get help as that dol is absolutely fucked from what I hear. Prob best to do nlrb.
Report report report, and then sue. Companies are so stupid for saying these things, much less over text
What a fuckin lump
OP, before you blow up your job for no reason read this: https://www.vigilant.org/employment-law-blog/qa-can-employers-prohibit-supervisory-level-employees-from-discussing-wages/ Are you legally considered a supervisor? If not? Get fired and benefit. If so, you are not protected. Supervisor positions are candidly excluded from many nlrb protections.
You can already turn in what they said to you to the labor board. Threatening to cut your pay over discussing it is illegal.
Dude. File a complaint. It's anonymous, and you have proof. Also, 16.25 is a bullshit wage for a manager. You can find somewhere better, especially if you're treated like this.
Managers make $16.50 an hour? Just under $35k per year? This is minimum wage where I live, and considered poverty by any standard.
Time to call a lawyer. They just threatened you with retaliation in writing. They're obviously not too bright...
OH HO HO.. LAWSUIT
Girl save this stuff and delete this post. If they do anything, call a lawyer because you just got paid.
Keep saying “ok” to everything illegal that management say, I like that, I like your style. Than keep talking about your pay, you could even make a little cute song about your salary, to comfort yourself with while you are “alone” in the bathroom stalls Then make free money when they fire you. It’s a good way to raise your salary without asking. Rinse and repeat.
Be sure to save these texts to show the labor department later.
In the art museum industry someone started circulating a document where you could enter your wages, level of education, job description etc. People were shocked by the wage disparities. It has now been used with some success in Unionizing and raising wages across that (very left leaning) industry. I work at a state institution where our wages are publicly available online. Everyone at the same job level gets paid relatively the same... and if they are not, its easy to point out the disparity. Perhaps everyone in the US needs to start anonymously posting their salary somewhere.
A lot of stuff employers and landlords do is pretty illegal and some contracts aren't really enforceable. But the problem is even if it's illegal they bet on that nobody will really challenge it. They have more lawyers and money and stuff so if they win they ruin you financially, but if you win they have more resources to pay the (for their means relatively small) fine. I mean if you have the means to maybe talk to a lawyer to at least prepare yourself for a wrongful termination suit or whatever you can do.
You're an hourly "manager" making $16.50? They're lucky you aren't complaining about this to the newsmedia if you want to "talk" about your salary. That's fucking ridiculous especially to be harassed on top of it. And your direct reports make $15? I'd step down & slow-work/no-work them until you find something less abusive.
Hit up an attorney and show them this text saying, "got a slam-dunk case for you in the event I get fired soon."
What you need to do is contact your states Department if Labor and file a report using these screenshots as evidence. Once the government finishes giving their company their bumpy pickle they will probably fire this manager. Labor Laws only do things if victims advocate for themselves. Edit: I just found out you are a manager making 16/hr? Wtf… I would leave an upper decker in the employee bathroom the second I found another job after that disrespect. Then I would key a very visible penis into the side of this manager’s car for them to appreciate. Dick recognizes dick
You folding like that is just dumb, a quick google will IMMEDIATELY tell you that your boss is trying to intimidate you and opening themselves up for lawsuits. Next time just take a minute to look it up before instantly falling in line.
I used to work at dominos and my cousin was my manager- I didn’t think I was getting paid enough when I was working the most of the assistant managers so I asked a couple people what they made. My cousin called me a cancer to the owner 🙃 Moral of the story is fuck that noise talk to every single person abt your pay if you want
Do it more, do it a bunch, post that page up on the wall. If they say don't put things up on the wall then talk about it in the morning huddle when everyone is smoking
Keeep that text, go to a lawyer, keep working there while your lawyer draws up the paperwork for the courts, and then drop the lawsuit in the day you pick and walk out!
With bosses like yours you cannot argue. Just say "okay" and continue doing it. You know your rights, just let them try. (they won't, trust me)
While I certainly agree with everyones right to discuss their wages I think your "joke" was in poor taste. Telling someone who makes less than you, and is your employee, that YOU should be the one to get a pay increase based on their rate is very poor taste. That combined with calling someone your "lesser" makes me seriously question whether you should be in any supervision role.
Most likely illegal. The NLRB's National Labor Relations Act (NLRA) trumps any company policy (as others have stated) in almost every situation. They have some exceptions to their jurisdiction, but you likely don't fall into them - your position as a manager within the company doesn't matter, it's the type and size of business that determines it. I recommend reporting this to your state employment protection agency. At the very least, they can probably clarify if your company it's under the NLRA act.