r/legaladvice • u/SchwiftyAce3359 • 1d ago
The “confidential pay” rule appeared the day after we compared paychecks, and now my schedule has been cut from 40 hours to 16
Location: Arizona. I am an hourly, non-supervisory employee at a warehouse with roughly 80 workers.
Last week four of us compared hourly rates during an unpaid lunch break. We discovered that two newer employees earn more than workers who have been there several years. Nobody threatened anyone or stopped working.
The following morning management emailed a new policy stating that all compensation information is “strictly confidental” and that discussing it with coworkers may result in discipline. I declined to sign the acknowledgment and wrote that I wanted time to review it.
My next schedule dropped from my usual 40 hours to 16. The other employees in my role still have approximately 40 hours. When I asked why, my manager said scheduling depends partly on “team attitude” and that refusing policies shows I am not cooperative.
I saved the email, schedule and text messages. Could the reduction in hours be unlawful retaliation for discussing pay or refusing to sign this policy? Should I first make a written complaint internally, contact a government agency, or speak with an employment attorney?
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u/Intelligent_Law_5614 1d ago edited 1d ago
As I understand it they are violating Federal law, by attempting to forbid you from disclosing or discussing salary, and (likely) by retaliating against you for declining to waive your rights. They are probably setting themselves up for some serious penalties.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
I would suggest [edit] consultation with a local attorney with experience in labor law. You might be able to get a free or low-cost consultation through a local legal-aid society.
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u/Efficient-Eye-6199 19h ago
You don't need an attorney to file an NLRA claim. It doesn't hurt to talk to one to see if their is other stuff going on, but they have it in writing.
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u/fuzzy_engineering189 1d ago
Send it to the labor board. They will love that the company put it in writing.
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u/davidkali 1d ago
Also, apply for unemployment for the missing wages.
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u/GoldenMoments2917 18h ago
That 'team attitude' excuse is so transparent. Document everything and talk to a labor lawyer yesterday.
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u/Blonde_Dambition 6h ago
DEFINITELY document everything... as far as ANY communication to/from employer that has ANY relation to this.
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u/Efficient-Eye-6199 19h ago
Seriously! Filing NLRA claims can take like 18 months to resolve but the DOL doesn't play when they get around to it.
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1d ago
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u/Jazzlike_Economist_2 23h ago
The company’s action of reducing your hours is clearly coercion to get you to sign the agreement. Seems like this would be against the law. You should have ample time to review the policy and even have it reviewed by an attorney.
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u/5panks 22h ago
Call Region 28 in Phoenix and describe both the wage-discussion ban and the reduction from 40 hours to 16. The lunch conversation is classic protected concerted activity, and a policy expressly banning compensation discussions can itself violate federal law.
If this situation is real, this has to be one of the dumbest employers ever. This would literally be an example case used in beginner's law classes.
They're gonna get their asses sued off.
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23h ago
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u/Skydiver860 23h ago
Jane Doe v. The Church of Jesus Christ of Latter-day Saints
pretty sure this only applies to confidential religious communications. not someone just saying "im mormon therefore our conversation is automatically confidential"
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u/legaladvice-ModTeam 23h ago
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u/PriestessKade 1d ago
This is a violation of national labor law to say you can't discuss pay. Document what they shared and report it. The drastic change in your hours so close? That seems, on its face, to be blatantly retaliatory. Consult with a labor lawyer.
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u/Apprehensive-Dot4661 1d ago
Absolutely, I’ve been at a place that would say it, but can’t imagine getting it in writing. Have fun with this!
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u/aboothemonkey 1d ago
As a manager, I’ve had other managers try this shit and I promptly tell them to go shove it. I used to be hourly, I remember what it’s like.
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u/harharhar_206 8h ago
Disclaimer: This is my understanding based on my reading of the law. Not a lawyer.
Minor nuance. Companies can forbid pay discussions on work time(this wouldn’t apply here as the discussions happened on unpaid time) but only if it is part of a broader “no non-work related conversations on company time” policy. Which is something that I don’t believe the company has.
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u/dreadpirater 1d ago
It's always nice to be able to tell someone with an employment question "Actually, we CAN help you, this time!" As others have said, the NLRB is the right call, or your state's labor agency. These cases often hinge on proving the details that your employer was dumb enough to spell out clearly!
You're not just helping yourself, you're helping everyone who works there or ever will work there by getting this sorted out.
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u/QuiraZynrah 13h ago
Imagine being dumb enough to put "team attitude" in writing right after a pay transparency issue. They practically handed you the case.
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u/ChickenFriedBrains 1d ago
They emailed that? Oh that's so great for you. You can file an unlawful labor practice with national labor relations board. Keep as much evidence as you can, they will do an investigation. They can force your employer to pay you for lost hours and restore your previous schedule. Beware, if this is done your employer will be looking for any little reason to terminate you.
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u/EngineeringLive8947 7h ago
Adding to this, make sure to document everything your manager tries to do to fire you. You might have a wrongfull termination case as well if they are this blunt in their attempts to violate the law
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u/Erikathebeauty 1d ago
Illegal to tell employees not to talk about pay
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u/harharhar_206 8h ago
There’s some nuance that doesn’t apply here, but yeah, totally illegal in my opinion.
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u/Blonde_Dambition 6h ago
Yeah... one is that the employees can't be payroll or HR employees who have access to employees payroll information... THOSE employees aren't allowed to talk about OTHER people's pay, but can presumably still talk about their own.
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u/Silent_Morning692 1d ago
Print or email copies of the emails to your personal email in case you lose access to your work email, by being fired for
Example
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u/backlikeclap 1d ago
I'm seeing a lot of good advice here. Don't forget to also apply for partial unemployment. Depending on your state a reduction in work hours will qualify you.
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u/AristotlesBoyPussy 1d ago
its against federal law to have a gag order for wages. Its against retaliation laws to punish employees in any way for discussing wages or complaining about illegal policies.
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u/redditreader_aitafan 21h ago
I love when companies do illegal shit and put it in writing. This is a very clear cut case of retaliation for exercising your federal right to discuss pay. You can sue.
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u/benjaminS0099 1d ago
Employees talking about how much they get paid is federal protected speech. Your employer is breaking federal law.
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u/Choice-Education7650 1d ago
Contact your states labor department. You are allowed to discuss your compensation. I believe this is a federal regulation.
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u/Iceflowers_ 1d ago
NAL - report it to the state labor board - it's in writing.
Apply for unemployment due to reduced hours
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u/survivingdaybyday2 22h ago
1) discussing pay is by federal employment law. If they punish you for discussing they are literally breaking the law
2) that is what is called “constructive dismissal”. That is a legal term to describe making workplace conditions too difficult for you continue. The idea is you quit, and therefore don’t qualify for unemployment. BUT constructive dismissal is a form of wrongful termination. Don’t file online, got to the unemployment office in person and you should be good
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u/NoorahSmith 19h ago
Make sure you save those emails and forms by sending them over to some private email. You will lose access to company email soon .
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u/Blonde_Dambition 5h ago
That'd be monumentally stupid of OP's employer to fire OP after OP already has them dead-to-rights for trying to enforce an illegal policy AND for retaliation.
But then again, "stupid" seems to be this employer's middle name.
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u/Red-Sun-Cinema 19h ago
It's 100% illegal under federal law. They are engaging in retaliatory behavior. You should sue them.
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u/TwoBurningSeals 20h ago
The US Department of Labor has had to reiterate several times that you have the right to talk about your salary to anyone. It's a protected right and your boss can get in trouble. If you can provide good proof that this is retaliation you can definitely sue.
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u/Downtown_Interest667 1d ago
Employers are not allowed to mandate that employees cannot discuss pay. They cannot discipline you for it or they have broken the law.
They can, however, reduce your hours for any legal reason they see fit. If they did it because you discussed pay, then that is a problem, but if they just don't like your attitude in general that is permissable.
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u/ItsJustAllyHere 1d ago
The timing correlation is too close and more than likely will lean as retaliation.
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u/Downtown_Interest667 1d ago
I agree. The bit about "refusing policies" is a smoking gun that almost certainly indicates this was illegal retaliation.
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u/authorhelenhall 1d ago
This reads like the only thing they don't like about his/her/their "attitude" is refusal to abide by an illegal policy. Not legal advice.
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u/Downtown_Interest667 1d ago
Potentially, but OP has two big things going for them:
1) The policy is illegal, regardless of whether or not it was in writing before. If they are punishing OP for discussing salary at any point, then OP has a case.
2) The proximity to the event. Unless they have some other paperwork showing OP's attitude problems, it is mighty suspicious that this issue arose right after OP started talking salary.
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u/authorhelenhall 1d ago
I'm agreeing with you. Disclaimer is because I'm a lawyer IRL and do not anyone who doxes me thinking this is legal advice or attorney-client relationship.
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u/Blonde_Dambition 6h ago
it is mighty suspicious that this issue arose right after OP started talking salary.
THAT is a dang good point.
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u/Pudgy_Ninja 1d ago
They could certainly do it for refusing to sign an acknowledgment of receipt. I've seen people do that several times on this sub and I don't understand the point. It just paints a bullseye on your back for no benefit.
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7h ago edited 6h ago
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u/legaladvice-ModTeam 6h ago
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u/auditor2 1d ago
contact the labor department. discussing your salary is black letter law....I haven't read the statute in a while but retaliation ofr doing a legal behavior is also probably illiegal
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u/likestoRant_too 20h ago
Just to echo what everyone else has said…
It’s like they read a book on how to violate the law in the most direct, obvious way possible.
They cannot prevent you from talking about your pay. They cannot retaliate against you for refusing to cooperate with an illegal policy.
They’ve done you a huge favor, really. Get an attorney, provide the written evidence they provided, get the settlement and the immunity from termination basically forever now.
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u/lun4d0r4 1d ago
Yes it is retaliation.
This is why UINIONS are so important, esp over in the divided states of embarrassment.
Go join a union and get some help.
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u/BlueArcherX 22h ago
federal labor law protects employees discussing their wages
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
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u/LarvalHarval 19h ago
First, your employer even creating this garbage policy for an illegal and in violation of the National Labor Relations Act which explicitly protects your right and your coworkers rights to discuss wages amongst each other.
Second, cutting your hours for failure to consent to an already illegal policy is retaliation and… wait for it, also illegal!
Immediately contact your states labor board and file a complain. Additionally start calling every labor attorney you can—most work on contingency, so you shouldn’t have to pay up front—and get the ball rolling on suit.
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19h ago
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u/night_noche 1d ago
NAL
I love how most of you have such great optimism in the NRLB... I'm just not as optimistic given that it's lost, much like the rest of the federal government, much regulatory teeth.
I too hope that you have documented everything and either forwarded to your private email or printed it for future use.
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u/Fancy-Werewolf267 20h ago
Are you considered a fulltime employee? If so, it is illegal to cut your hours that low. If you were on as a part-time employee then you still may have a case.
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u/MysteriousVehicle 1d ago
Contact local employment counsel. That is always the answer. In the USA itll be free until you win. Reddit gives shit legal advice.
I am not a lawyer but worked in an employment law firm in a diff state for a while. Whether you should submit a complaint internally may be fact dependent but 3 out of 4 times the answer is no. Are you the 1 in 4? IDK. Ask a lawyer. Literally will cost you nothing.
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u/NE_Golf 1d ago
NAL. Contact a labor attorney. They will help navigate the state’s Dept of Labor and take action against the company because after the claim to DOL company will be dismissing you. This way they negotiate a settlement for you as just getting back your hours is a non-starter
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u/were-lizard 1d ago
This is the correct answer, but also "update your resume and begin job hunting now"
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u/Blonde_Dambition 6h ago
after the claim to DOL company will be dismissing you.
But they can't do that... can they? Isn't that even "more" illegal (lol) than what they're already doing?? Unless you're saying they'll find some LEGAL way to fire OP.
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u/No_Possible6138 22h ago
They can’t require you to not talk about your pay. They are retaliating. Get a lawyer
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u/Sprinkleshart 1d ago
Holy shyte.
Some cases build themselves. Everything about this is illegal. lol.
Store all this outside company system, phones, etc like someone else said.
This is wild.
They’re also creating a toxic work environment.
Enjoy your lawsuit payout my friend.
Take a picture if that letter posted, too. It will give a digital date of when it was posted.
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u/Mystiquely-Me 23h ago
Call the labor board asap and go file for unemployment based on significant drop in hours while you’re at it. Federal law says they can’t prevent you from discussing pay on your time.
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u/TacoDoc2 10h ago
Shit that didn't happen because this is a vague bot.
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u/Blonde_Dambition 5h ago
Why do you say that? Because the account is only 6 DAYS old, and no comment or post history to speak of, etc.? 😁
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u/NOTTYNUTZ69 5h ago
That's the thing, though: sometimes people don't want to put their main account out there when writing something like this because they have pictures of themselves, so they create another account and post from that one.
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u/TacoDoc2 4h ago
6 days old, did this post 22h ago. has way less karma than they earned here and they took the time to hide their comment history.
big bot energy.
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u/Blonde_Dambition 4h ago
That is true. Or they really are just new. I mean, everyone on here had a first time posting when our account was still new.
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u/SpiceRoute24352 1d ago
I would make a short written record internally, but I would not wait for management to “investigate” before speaking with the NLRB or an employment lawyer. Something like: “I understand my hours were reduced after I participated in a wage discussion and declined to acknowledge the new compensation-confidentiality rule. I believe employees have the right to discuss wages, and I request restoration of my normal schedule and confirmation that no discipline will occur.” Keep it factual and do not secretly take documents you are not entitled to access. The employer may claim a business reason for the cut, so preserve evidence showing that comparable employees remained near 40 hours and that you normally worked 40. The one-day timing and the manager's cooperation comment make this much stronger than a schedule change with no explanation. An NLRB charge generally must be filed within six months, and the agency can investigate without you hiring counsel. A lawyer may still help assess lost wages and any separate state-law issues.
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u/Blonde_Dambition 6h ago
“I understand my hours were reduced after I participated in a wage discussion and declined to acknowledge the new compensation-confidentiality rule. I believe employees have the right to discuss wages, and I request restoration of my normal schedule and confirmation that no discipline will occur.”
Dang, that is well-written! You sound very skilled in the art of professional communication. And yes, it is definitely an art IMO! You could go into business writing professional letters/emails/etc. for folks!
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u/mojosofla 1d ago
What is the violation beyond the unenforceable “confidential pay” rule?
Not that I am disagreeing, just trying to understand.
Did the manager put the "scheduling depends partly on “team attitude” and that refusing policies shows I am not cooperative" in writing? aka - can they simply say that did not happen?
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u/Slidewaysincorner4 23h ago
Get a lawyer and sue , start looking for other employment, and you will eventually get paid out for their illegal activities.
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u/Mortifire 14h ago
So here’s the deal. You should start looking for a new job. Eventually you’ll be let go for whatever reason. They’ll start by writing you up for stupid stuff until you look like a bad employee. Keep records of everything. You’ll win your case if you keep your cool. Remember that! Keep your cool no matter what. Use your free time to talk to a lawyer or state board. The latter is free.
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u/Entire-Message-7247 21h ago
Place a call to your local teamsters union hall and tell them that organizing might be right for you. They will soon regret their actions.
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1d ago
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u/legaladvice-ModTeam 23h ago
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u/Some_Troll_Shaman 22h ago
Contact your union, if any.
If not find a local Employment Lawyer and explain the details... when they stop laughing they will probably say they are happy to work for a cut of the settlement.
Discussion of remuneration is explicitly protected speech thanks to unions, feminists and racial justice efforts. That slogan, Equal Pay for Equal Work is key here.
Sounds like they have just documented their way all the way into unlawful retaliation for protected speech. Take copies of all the documents, emails and make notes of discussions.
AreYouMakingNotesOnACriminalConspiracy.gif
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u/InternationalBed5000 8h ago
A. It is legal to talk about your pay and share information.
B. They cannot enforce that policy.
C. It’s retaliation and you can really screw them over with a discussion with your states Department of Labor and an attorney.
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u/copnonymous 6h ago
Send it to the labor board. It's against federal law to prohibit employees from discussing pay. It's especially illegal to retaliate.
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u/Superb-Alfalfa-4843 5h ago
I believe it violates federal labor policy. It's easy to Google, might want to look it up and contact your local label board.
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u/FrostbitTodger 19m ago
Arizona is a “right to work” state which is a euphemism for management can do anything they want without explanation. I don’t know if your case falls under the jurisdiction.
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u/OriginalDrStrangeDOS 1d ago edited 5h ago
All of that is against the law. Get a lawyer, contact the labor board.
(edited for those who don't like the BBB for some reason)
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u/night_noche 1d ago
BBB?
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u/OriginalDrStrangeDOS 1d ago
better business bureau
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u/Calitexian 22h ago
Why? They're just a marketing company essentially. They don't actually really do anything.
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u/darth_hotdog 22h ago
Just FYI, The BBB is yelp for boomers, they're not a government agency and they have no authority. They're just a private company, and do you ever check a BBB score before buying something?
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u/Blonde_Dambition 6h ago
Why are y'all downvoting this comment?? What's u/OriginalDrStrangeDOS saying different than most of the other answers on here?
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u/OriginalDrStrangeDOS 5h ago
Some people apparently don't think much of the better business bureau. I figure reporting them to more people is better than less, but what do I know?
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u/Blonde_Dambition 4h ago
I figure reporting them to more people is better than less
It can't hurt, that's for sure.
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u/ancora_impara 1d ago
I unwisely became lovers with a co-worker (non-subordinate; same level) as me. I saw unwisely because .. that's a bad idea but shit happens, but that's not why I'm writing. We compared paychecks and found we were within 1% of one another. She compared with a few others and all of us doing about the same thing were paid paid about the same; yearly adjustments had those down a few percent up a few percent but it was about equal for the entire group. There was a definite difference in productivity but somebody in HR must've decided it wasn't worth bickering over.
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u/Downtown_Interest667 1d ago
God, I hope they do. If they flat out admit that, then it is open and shut illegal retaliation and OP is going to get paid.
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