Yes, workers in California are allowed to discuss their wages with their coworkers at any time that they want. It is important for employees to know that they have this right, and it is also important for employers to understand that they cannot infringe upon it. Whether they are hourly or on salary, they can talk about their wages.
The right to discuss wages has been reinforced by the California Equal Pay Act. Employers are not allowed to retaliate against employees who have conversations about their pay. For instance, an employer cannot make a policy saying that these conversations are prohibited, and they cannot terminate an employee who talks about their wages on the job. They also cannot cut their hours or reduce their pay rate.
Why is this important?
California protects the right of employees to talk about their wages because it helps to promote equality in the workplace. Employees who are doing substantially similar work, with similar qualifications, should be given equal pay.
Ideally, employers will understand this responsibility upfront and establish similar wages for employees across all classes, such as religion, race, gender and the like. But in cases where this does not occur, employees have the right to talk about their wages so that any differences can be discovered.
In some cases, this can lead to disputes, perhaps because employers inadvertently make policies that violate an employee’s rights or do not understand exactly what is required under both state and federal law. When these disputes arise, it is important for those on both sides to understand exactly what legal steps they can take.