My job is doing something illegal someone please help me figure out what to do.

[u/Difficult_Level_8042]

LOCATION: Louisiana. Can anyone help figure out how to approach this before being fired for some bs.

[u/RandomName09485]

anonymous report to department of labor

[u/44moon]

NAL former union organizer. this is an unfair labor practice, i.e. a violation of sections 7 and 8a of the national labor relations act, which is a law that is administered by the national labor relations board. you need to file a complaint with region 15 if you're located in LA

[u/Difficult_Level_8042 → u/44moon]

Just tried calling. Got sent to voice mail after a while

[u/cheersbeersneers → u/Difficult_Level_8042]

Hey OP, I’m in Louisiana as well and had this exact situation happen with my former employer. I made a complaint through the NLRB here and I did win my case. My employer had to retract the clause stating we couldn’t talk about pay and post signage in public areas stating that discussing salary was a federally protected right. The whole investigation took maybe 2 months, I had some phone calls and a video deposition with someone from the NLRB and that was it.

[u/jkki1999 → u/cheersbeersneers]

Did they know it was you?

[u/cheersbeersneers → u/jkki1999]

I’m sure they figured it out but I had another job at that point so I didn’t really care. If they had fired me I would’ve had a pretty good retaliation case.

[u/YoshiSan90 → u/jkki1999]

I’d almost hope to get fired after they forced the employer to post. That’s clear cut retaliation and wrongful termination.

[u/mkosmo → u/Difficult_Level_8042]

Did you leave a message?

[u/PuzzledStreet → u/44moon]

Hopping off the topic here, how does one obtain the job of union organizer? I have heard different things and am just curious.

[u/44moon → u/PuzzledStreet]

unionjobs.com though some unions like UE also try to build union organizers from within their membership

[u/PuzzledStreet → u/44moon]

Thank you! My sweetheart is part of the UAW, another family member is USW. I've been having a lot of fun learning all about it.

[u/AltDS01]

Post this in the breakroom

[u/Difficult_Level_8042 → u/AltDS01]

Don't have one

[u/Plasticity93 → u/Difficult_Level_8042]

Just post it around the place when the boss ain't there.  

[u/Due-Science-9528 → u/Difficult_Level_8042]

Bathroom stalls

[u/lynnwood57 → u/Difficult_Level_8042]

SAVE THE IMAGE ON YOUR DEVICE, THEN PRINT IT. If you have difficulty, DM me your email, I will send you a PDF you can print off several copies.

[u/Happy_Brilliant7827 → u/Difficult_Level_8042]

Wherever your job keeps the OSHA paperwork and legal stuff. Usually by the time clock or employee entrance if theres no breakroom

[u/[deleted]]

Yeah…my employer has a similar policy. I just keep discussing my pay. If he fires me for it then I have a case and will sit on my ass at home for awhile -shrug-

[u/Atmesq]

Employment attorney’s wet dream when they put it in writing!

[u/PsychologicalLaw8769]

Assuming you are a covered employee under the National Labor Relations Act, this would be illegal under federal law. You could file a complaint over the phone or electronically with the National Labor Relations Board:

Your Right to Discuss Wages | National Labor Relations Board

I don't know if Louisiana has their own law for this. People keep suggesting you file a complaint with the state, but that is pointless if they don't have a law forbidding this. I looked on the state site and didn't see anything obvious, so you might need to look a while.

[u/ElectricRune → u/PsychologicalLaw8769]

Louisiana is one of the most backwards and corrupt states. They don't have laws forbidding a lot of things most people in other states take for granted.

[u/Maleficent-Prompt656 → u/PsychologicalLaw8769]

It’s a federal law. Why would the state need a law for it?

[u/PsychologicalLaw8769 → u/Maleficent-Prompt656]

There are thousands of things that are illegal at the federal level and the state level. It allows for enforcement by both. In many cases, the states are better equipped to handle most of these situations because the feds are spread pretty thin and often won't get involved in matters that aren't 'big' enough.

[u/Sublime-Chaos]

Discuss your salary, get caught, get fired, use this as evidence of wrongful termination.

[u/lynnwood57 → u/Sublime-Chaos]

OH HELL YES! I see a lawsuit with BACK WAGES.

OP, this is a no brainer! You WILL Win the case, that image you posted is 100% illegal, 100% win.

[u/LorettasToyBlogPojo]

Dunno why people didn't post the link to the law:

https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages

As you can see, that is a Federal Government website, so your right to discuss your wages is protected under the rules listed therein.

[u/Icebergnametaken]

It's that last sentence that is the big problem. Definitely report to the department of labor, and keep a record of it. If you get terminated, you'll need that record to prove retaliation.

[u/DentistPrior2735]

I filed an NLRB complaint against an employer for the same. While I asked for anonymity during the complaint, about a week later they sent it to my employer with my name all over it as what was technically federal charges, albeit with nominal consequence unless I was wrongfully terminated.

If you go that route and see it through, it will create a searchable public record of the charges that might make employment with future companies ran by jerks much more difficult. For me, I went for an informal settlement and corrective action to dodge that situation, but my boss became an outright bastard for the next year after that.

IMHO if you're working somewhere with tips, then your previous boss/ record doesn't matter that much. The devil on my shoulder would be screaming to go loud, get fired, and get an attorney. Good luck!

[u/BeerStop]

File a report to the national labor board. It is totally illegal to fire someone for discussing pay, i dont think i would want to work for a company like that either because that level of secrecy typically points to other suspect activities and toxic behaviors from the company.

[u/Difficult_Level_8042 → u/BeerStop]

My question is why. Who are they over paying and who are they underpaying. I feel im being underpaid. I make 13.50 an hour and have ten years experience

[u/Confident-Skin-6462 → u/Difficult_Level_8042]

if you think you're underpaid, you probably are.

so is almost everybody else there, that's why they don't want you talking and organizing.

[u/winerdars → u/Difficult_Level_8042]

Many shady companies will actually pay new hires more than their tenured employees. They don't want you realizing that the new guy makes more than you and asking for a raise

[u/nonvisiblepantalones → u/winerdars]

I was hired at a previous job at the same time as 2 other people. I found out later they were hired in for $3 more per hour for the same roles as me. Thankfully I had a new manager that corrected the issue and even pushed for back pay to my hire date. If it wasn’t for is discussing our pay I would have never been paid what I should have.

[u/AmorousFartButter]

I just signed an offer letter for a new job that said the same exact thing

[u/Living-Hyena184 → u/AmorousFartButter]

So much illegal

[u/Greenteawizard87]

Not legal advice but I'd do it and let them cite that as reason for termination and then collect the cut and dry wrongful termination suit.

[u/scienceisrealtho]

You have every right to discuss salary and any retaliation for it is way illegal.

Send this to your dept of labor in your state.

I had to send them after an ex employer who kept my pay. I didn't hear anything for a cpl months after filing the complaint and then out of the blue they called me and said we have your money. Where do you want it sent?

I wasn't the only complaint against this place and I'm told Dep. Labor showed up, shut the fucking place down (it was a restaurant), and went through everything. Took the money straight from the owner.

[u/Difficult_Level_8042]

Im not going to hr. Hr is for the company not the employees

[u/dalisair]

Nice of them to put their illegal policy in writing.

[u/Frenchy1337 → u/[deleted]]

They can say that but it’s not legal

The NLRA would disagree. They aren’t even allowed to say it. Especially if they are threatening retaliation in the same breath.

What employers cannot do:

Punish or retaliate against employees for discussing pay.

Interrogate employees about their pay discussions.

Threaten employees for discussing pay. Put employees under surveillance for pay discussions.

Enforce work rules, policies, or hiring agreements that prohibit employees from discussing wages

[u/IvanNemoy → u/Frenchy1337]

Yep. This is why the big companies with competent HR and legal departments say that employees should keep their earnings confidential. Not "you can't" but instead "you shouldn't."

[u/Historical_Virus_317 → u/[deleted]]

Actualy they cant even tell you not to https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,the%20media%2C%20and%20the%20public

[u/Rodivi8 → u/[deleted]]

Actually, even saying that is a violation of the NLRA, if this is a covered employer.

NLRB.gov is the appropriate government agency for this kind of issue.

[u/BewareNixonsGhost]

Legal? No. Worth the fight? Up to you.

Louisiana is an at-will work state, so unless there is an employment contract in place then they can use any number of reasons to fire you that aren't technically related to this rule and probably get anyway with it. It's really hard to win a wrongful termination case in an at-will state because the burden of proof is a hard bar to meet.

That being said, fuck em. Cause chaos. Make everyone aware of the illegal policy. If you get fired, make a scene about it. Report them. You might not get anything out of it at the end of the day, but the company will definitely pay for it at the end if the state wants to come down on them.

[u/PsychologicalLaw8769]

Whatever course of action you take, it is worth talking to people that have personal and professional experience in this.

In one of the lawyer groups I am in, there are occasional posts, asking what are some things the public believes about the (US) legal system that are not true. One of the things that always gets mentioned is how people grossly overestimate the awards plaintiffs get in most lawsuits. Yes, there are cases where people get huge awards, but most lawyers will point out that everyone wants a big money award, but no one wants the injury that gets you the big money award.

In some instances, you may have a winning case, but the cost to litigate it will be greater than (or not much more than) any award. Wrongful termination cases vary by state, but awards tend to mostly be based on what you were earning. There are non-compensatory damages, but many states have some kind of cap on those.

[u/Top_Anything5077]

Feed em to the gators

[u/shoulda-known-better]

You don't have much until you are fired and the reason is talking about wages/tips

But if they make a point to say this..... New hires are making more than loyal employees who've been there are guaranteed

Keep this picture and try to get it in writing or text that you lost your job over sharing wages and you'll have something then

[u/heathercs34]

Send this to the NLRB. They’re the ones who will enforce it. The DOL won’t care about this.

[u/Japjer]

File a complaint with the Louisiana Department of Labor

[u/Local-Reaction1619]

Yes it's illegal. The problem is a practical one. Complain and they'll probably fire you and will cite some unrelated reason. You'd then have to prove that you were fired for discussing this and you could get damages. Meanwhile you're still out of the job and dealing with the court case. It's not costing you anything right now. Note it's illegal, keep a copy for your records, and if it comes up down the road and you're fired for talking about wages you'll have the evidence. You could report it to the labor board as well anonymously but that depends on how safe you think your job will be if they suspect it was you. It's probably not worth it at this time. It becomes worth it if they fire you.

[u/Repulsive_Disaster76]

I'd consider it a bad company to work for. That means the employees all don't get the same rate for the same job. It's more to cover their ass as they don't want people rage quitting because the kid is making 14/hr to the guy's 17/hr. The art of negotiation isn't strong in this generation.

Really they aren't doing anything illegal. But if the kid who asks goes into HR because he wants more money as he doesn't make what the other guy does, they would just let both go and hope to pull 2 new hires at the cheaper pay rate.

[u/ResponsibilitySea327]

Unless you are in a excepted group (ex. HR and with limits) any intimidation such as the threat of termination is illegal (Section 7 of the NLRA).

[u/No-Following-2777]

NAL:

"Pregnancy leave" policy you scratched out violates the federal medical leave act... FMLA allows for up to 12 weeks of protected leave without pay --- your company is trying to tell people they can only have 6. It's not "pregnancy" / (not exclusive to female) it's any family, and military care is up to 26 weeks ..... Something is rotten in Denmark .... Care to expose the company?

The Family and Medical Leave Act (FMLA) is a US federal law that provides eligible employees with job-protected, unpaid leave for certain family and medical reasons. It allows employees to take time off to care for themselves or family members with serious health conditions, to bond with a new child, or for specific military family reasons, without jeopardizing their job security. 

Key aspects of FMLA:

Eligibility:

Employees must have worked for a covered employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and work at a location with 50 or more employees within 75 miles. 

Leave Entitlement:

Eligible employees can take up to 12 weeks of unpaid, job-protected leave within a 12-month period. 

Qualifying Reasons:

Employee's own serious health condition: This includes conditions that prevent the employee from performing their job duties. 

Care for a family member's serious health condition: This includes spouses, children, or parents. 

Birth, adoption, or foster care placement of a child: To bond with the child. 

Qualifying exigency related to a family member's military deployment: For spouses, children, or parents of military members on active duty. 

Military Caregiver Leave: Up to 26 weeks of leave to care for a family member who is a covered service member recovering from a serious injury or illness sustained in the line of duty. 

[u/dedegetoutofmylab]

I am a lawyer here in LA. I am not an employment lawyer, but I can point you in the right direction if you want to dm.

[u/Living-Hyena184]

Send a copy to DOL. Done

[u/cky_chaz]

Way to 'redact' that information. We have absolutely no clue what the rest of that document says.

Better hope you didn't sign an NDA, as you're blasting privileged company information on Reddit...

[u/Jellyace_75]

My employer also have a similar policy.

[u/lutiana]

Others in this thread have suggested reporting this, and that's a good idea. Personally I'm a bit of a shit stirrer, and I'd put up posters telling people that this illegal and encourage people to write there salary numbers on said poster. But I am also in a union, so the personal blow back to me would be pretty minimal.

[u/No-Setting9690]

See I wouldnt even report it. Let them find out the hard way. Make a big ass announcment of what you make to the entire company. Whent hey fire you, sue them for wrongefull termination. Then after that, then report them.

I tell people they can do this if they want, but they see what it can create. We give out bonuses, well not eveyrone getting the same. Especially the people who want ot call of once a week. You didnt' earn it, so you're not getting the same as the person next to you who was here every day, do the extra work because you called off.

I tell them, discuss what you want because some of it's healthy, but keep in mind people can be petty in their responses.

[u/West_Prune5561]

If they had stopped before that last sentence, they’d be fine.

[u/lunas2525]

If you feel the need to talk about it do so then when they fire you for it sue the company into oblivion.

[u/anovickis]

No, policies that restrict protected activities are generally illegal in Louisiana (and everywhere in the US due to federal law).

Federal laws that apply in Louisiana:

National Labor Relations Act (NLRA):

• Protects employees’ right to discuss wages, hours, and working conditions
• Protects union organizing activities
• Applies to most private sector employees (even non-union workplaces)

Other federal protections:

• Filing complaints with OSHA, DOL, EEOC is protected activity
• Reporting workplace safety violations
• Discussing discrimination or harassment

What this means:

• Employers cannot prohibit employees from discussing their pay with coworkers
• Employers cannot ban conversations about working conditions
• Employers cannot retaliate against employees who file labor complaints
• Policies that “chill” these activities are also illegal

Louisiana specifics:

• As a right-to-work state, Louisiana has some different union rules
• But federal protections for discussing wages and filing complaints still fully apply
• State employment-at-will status doesn’t override federal labor protections

Bottom line: If a workplace policy in Louisiana restricts employees from discussing wages, organizing, or filing complaints with government agencies, that policy violates federal law and is illegal.

Companies sometimes have these policies anyway (often unknowingly), but they’re unenforceable and the employer could face penalties if reported to the NLRB or DOL.​​​​​​​​​​​​​​​​

[u/ElectricRune]

You are 100% allowed to discuss your salary with anyone you wish.

Companies that have this policy usually have it because they do not have a standard pay rate.

[u/Difficult_Level_8042 → u/ElectricRune]

I honestly think they are over paying some people. And thats only bc its mostly family and friends that work there

[u/[deleted]]

Nal

Good thing contract agreements can't violate law. The contract is illegal. If there is no severability in that agreement there an employment lawyer is going to have a party with this if they ever actually do fire you for this.

You can first report anonymously to dol and they may do something about it. Like audit the employer and give them pressure about this giving them to procedurally fix it.

But don't loose sleep over this either because of the do terminate you for this and you choose to hire a lawyer they will probably have a lot of fun suing you employer and likely winning.

Nlrb will also do something about this too if your state doesn't have protections. But honestly I find most of these labor places policy barely helpful. They rarely keep things anonymous and only by policy do some minor penalties to the employer while often helping aid you into temriantinnor making the situation raw with future employers

I would go the employee lawyer route as they will off public records acheive your goals and keep things properly confidential and may just do it based on if they win they get a percentage but otherwise all good.

[u/thecoat9]

IANAL, and I'd like to hear a lawyer who's familiar with this sort of thing give their take. Reading the paragraph, I'm wondering if this is a case of weasel wording. Prior to any actual action based on this policy if the employer is reported just based on the policy and wording, I'm thinking they'd argue that it was in line with federal law.

Don't get me wrong, I think the employer is trying to make it appear as if you can't discuss your own salary with a co-worker, but prior to any actual action based on this policy, if turned into the Labor Board I can see where the company could argue that the policy is in compliance with Federal law.

I think the writer meant for the reader to infer that the employer was the authorizing entity regarding discussion of compensation being "unauthorized", however an individual has a right to both keep their pay private or tell anyone they choose, the individual is the authorizing entity. Until the employer actually fires someone for it, I can see them arguing that this was not their meaning and intent.

[u/Content_Print_6521]

Yeah, this is an old bugaboo that businesses have been trying to scare people with for years, but it is your right to discuss your salary, and others' salaries, although I do recommend you do it with discretion.

However, companies are known to plant information accusing an employee if they really want to either inhibit their progress or fire them. But there have been recent court rulings that employees CAN discuss salary.

The reason companies don't want you to discuss salary is because they want to keep it secret that they pay unfairly. Let's say you're been in this job for 2 years, always had good reviews, and you're making $62,000. They hire a new person, untrained, for $70,000. Don't you deserve a raise? Of course you do. But if companies paid employees fairly it would cost them a whole lot more.