A new opinion from the U.S. Ninth Circuit Court of Appeals reinforced a longstanding, and often misunderstood, truth about workplace rights: Employees can talk with each other about pay. In a recent article for HR Laws, Partner Jill Chasson broke down what the decision means for employers navigating discipline, communication policy, and National Labor Relations Act (NLRA) compliance.

In the article, Jill examined a recent wrongful-termination dispute in Phoenix that prompted the court to directly affirm that pay-related conversations qualify as protected concerted activity, for both union and non-union workers, under Section 7 of the NLRA. She highlighted how the ruling strengthens the existing wage transparency position and clarified the risks employers face when disciplinary decisions overlap with discussions about compensation or working conditions.

Additionally, Jill offered perspective on the practical implications for organizations. She highlighted that the employer involved in the dispute got into trouble by firing a new employee shortly after he discussed his pay and benefits with coworkers; the resulting unrest among staff led management to make a hasty termination decision. Jill advised that employers approach discipline carefully when protected activity may be in play.

Well-versed in the many federal and state laws that govern the workplace, Jill regularly works with employers to develop key policies, resolve difficult personnel issues, and provide guidance regarding legal compliance and risk management. When disputes arise, she represents employers before administrative agencies, in arbitration proceedings, and court litigation regarding a variety of employment-related claims.

Read the full HR Laws article.