My manager says we’re not allowed to talk about our pay or tips with each other. Is that allowed?
The short answer
What to check
| Situation | What the NLRB says |
|---|---|
| Comparing tips or hourly pay with a coworker on break | Protected |
| Talking pay during a shift | Protected if employees are allowed other non-work conversations during work |
| A handbook rule: “Pay is confidential, don’t discuss it” | A rule that bans discussing wages is unlawful |
| Being told to ask the manager’s permission first | Unlawful |
| Being questioned, threatened, or watched over pay talk | Unlawful |
| Using the restaurant’s computer or accounts to do it | Your employer may have equipment rules, though the NLRB says such rules could also be unlawful |
You also have the right not to talk about your pay.
Not tax or legal advice. The situations are made up. The NLRB notes its page may have exceptions and limits.
Plain English
What the NLRB says
Under the National Labor Relations Act, the NLRB says employees have the right to talk with coworkers about their wages, and also with unions, worker centers, the media, and the public. If you’re an employee covered by the Act, you can do it face to face, on the phone, and in written messages.
The NLRB says you can talk about pay when you’re not at work, when you’re on break, and even during work if employees are allowed other non-work conversations.
What your employer can’t do
The NLRB says it’s unlawful for your employer to punish or retaliate against you for talking with a coworker about pay, to question you about it, to threaten you for it, or to watch you for it. It’s also unlawful to have a rule, policy, or hiring agreement that bans discussing wages or requires permission first.
Where to ask
The NLRB says you can call your NLRB regional office at 844-762-6572 for help filing an unfair labor practice charge. For a pay problem itself, DOL’s Wage and Hour Division takes calls at 1-866-487-9243. See Is my manager allowed to do that?
Common mistakes
- Assuming a “pay is confidential” line in the handbook is the law.
- Not keeping a copy of the rule or the message telling you not to discuss pay.
- Using a work computer or work account for the conversation.
Official sources
Last verified:
Checked the NLRB’s “Your Right to Discuss Wages” page and DOL’s complaint page.
Still open: The NLRB page says it was posted by the Office of the General Counsel, hasn’t been reviewed or approved by the Board, and may be subject to unstated exceptions. Not every worker is covered by the Act.