Keeping salaries confidential

Q: My employer has an employee handbook that says I can’t discuss my wages and benefits with my co-workers or outside the company. Is this legal?

A: No, this request is unlawful. There is a federal law called the National Labor Relations Act (NLRA). NLRA is the law that deals with employees’ rights to form unions and to work together for better wages and working conditions. As part of this process, employees have the right to discuss all aspects of their wages and working conditions. This also includes employees who work in non-union settings. A federal agency called the National Labor Relations Board (NLRB) and the courts enforce this law.

To gain more insight into this subject I consulted Attorney Valerie Samuels, a partner in the labor and employment practice at Posternak Blankstein & Lund LLP. Samuels explains that the NLRB has taken a keen interest in employment policies that violate the NLRA. This includes policies and practices at unionized as well as non-unionized employers because companies may not place unlawful constraints on employees’ ability to band together to improve their work situation. She notes that some companies have a variety of policies that NLRB considers to be unlawful. This includes policies that prohibit employees from discussing their wages and working conditions, as well as putting unreasonable limits on communications through social media, such as Facebook or Twitter.

The NLRB has issued specific guidelines explaining acceptable employment policies. The guidelines are available on their web site (www.nlrb.gov). Employees must keep in mind that it is important not to cross the line by disclosing business secrets such as confidential sales, marketing, or product information, or by harassing co-workers or managers on the basis of their age, race, gender, sexual orientation, or other legally protected categories.

This area of the law is of great interest to those in the employment law world, especially since the advent of Facebook, Twitter and other types of social media.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Nosy in-law with compensation questions

Q: My brother-in-law repeatedly asks personal questions of me and others all the time. He will ask about health issues, family planning issues and income issues. At Thanksgiving he had too much to drink and cornered me and proceeded to ask me about what I earn and what my wife earns. I am dreading Christmas. How do people answers questions about compensation? Signed, Perplexed

A: It sounds like your brother-in-law oversteps his boundaries on a number of issues. Compensation is a personal subject to most of us. Some of us are more willing. A few, mostly senior-level executives, have to wrangle with compensation being published because of the employer's public status or if the company is a non-profit.

I would suggest trying to answer his response using a light-hearted approach first and then being more direct if his questioning continues. My initial response would be something like "enough to live on but I still have to watch my spending during the holidays." If the questioning continues, I would respond more forcefully. One option would be "David, you continue to ask me questions on person matters like compensation, how many kids we will have, whether I have had a vasectomy, etc. Maybe I am a private person, but I prefer not to share some of this information. Instead, we can talk about the Pats could overcome some of the team injuries this year." Hopefully then, David will get it.

Some people never get it and will keep prying. David might get it and remember it, depending upon his level of attentiveness and intoxication!

Families are great. However, the holidays can escalate the level of annoying behavior.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. 

How to handle reference calls

Q: I received a telephone call from a local company. They are asking for a reference on one of my former co-workers. I sat a few desks away from this person but I don't know anything about their performance. I am not sure I am the best reference for this person.

A: You are wise to feel uncomfortable. Often an employee cannot provide accurate information about a coworker because they don't have firsthand knowledge about the person's ability to perform the tasks required of their job.

Most employers would prefer that coworkers share reference questions with Human Resources. Human Resources may have information that you do not. For example, if the employee had received a written warning. If you do not have a HR function, it is a bit more difficult. If you do not have an HR function, it is best to share the question with your current manager. Your manager can decide how to best handle the question. Sometimes a manager will contact the reference and sometimes the manager will ignore the question altogether. Companies are reluctant to provide references because of potential legal concerns.

Before giving a co-worker's name and contact information (or anyone's for that matter) is to check with the person in advance. Make sure that the person feels comfortable providing a reference and can speak to specific questions, accomplishments and possible development needs. A better idea is to prepare a reference before a call is made. If a candidate can prefer a reference, the reference can provide a more tailored response to the caller's inquiry.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Holiday party with potentially new rules

Q: Our holiday party is soon approaching. We have just been acquired by a larger company. Our past holiday parties have been pretty subdued with each employee bringing in their special favorite dish and then the company picking up the tab for some wine and beer. Everyone leaves around 6pm or 7pm and we have the gathering in one of our conference rooms. We also have had a $10 gift grab which is fun. Our new parent company seems to have shared a different history including rather formal parties with a full dinner at a hotel in Boston. It seems like a lot of drinking. I am really not into this scene. What do I do?

A: Every company has different norms, rituals and traditions. Some companies throw lavish parties at elegant hotels, while others hold more modest functions within the office. Either way your employer (or new employer) is trying their best to appreciate and recognize employees and their contributions.
Holiday parties can be tough to navigate though. The tone is often set by the senior team members. Is there a lot of drinking and partying at that level? Or is it more subdued?

It is best to take a conservative approach when attending a holiday party. Be careful of your alcohol intake. Be gracious and appreciative of the effort and thank those who organized the event. Dress appropriately since it is still a work-related event. Avoid controversial topics like sex, religion or politics. It is acceptable to exit the event after the formal dinner, especially if the boisterous behavior begins at that time. However, if you are a member of management, you may be expected to stay later but I would ask around.

Drinking excessively and driving after a holiday party is serious. Not only do you jeopardize yourself and everyone else on the road, but you may damage your company's reputation. If you see others in that position, offer to give them a ride or hail them a cab. It is not worth the potentially disastrous consequences.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.