We’re talking about wages? Yes, and doing so is still protected by the NLRA

Nonunion employers are sometimes unaware of the rights their employees have under the National Labor Relations Act (NLRA). Section 7 of the NLRA provides all employees with the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 8(a)(1) of the Act makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of” their Section 7 rights, including by disciplining or discharging an employee for engaging in protected concerted activities.

A recent decision by the U.S. 9th Circuit Court of Appeals reinforces that, under Section 7, employees have a right to discuss their pay and working conditions with each other. The court enforced an order by the National Labor Relations Board (NLRB), finding that a company unlawfully discharged an employee shortly after learning he had shared his pay rate and benefits with coworkers.

New hire at higher pay

North Mountain Foothills Apartments (NMFA) manages a large apartment complex in Phoenix, Arizona. During a heat wave in August 2021, NMFA hired Jasper Press as a maintenance technician to help handle an increase in work orders related to its outdated air conditioning system. Impressed by his HVAC experience, the company offered him $25 per hour and use of a three-bedroom apartment, which the company told him was an “investment” worth $1,500 per month.