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Craig Becker, general counsel for the AFL-CIO, used to serve on the National Labor Relations Board.He told me that workers who called the NLRB rarely were aware that their employer’s pay secrecy policy was unlawful.“The problem isn’t so much that the remedies are inadequate,” Becker said, “but that so few workers know their rights.” He says that even among those workers who are aware of the NLRA, many think that it protects unions but no one else.The law would both strengthen penalties to employers who retaliate against workers for discussing pay and require employers to provide a justification for wage differentials.These reforms are necessary to address this widespread, illegal problem that the law has failed to address for decades.One prohibits federal contractors from retaliating against employees who discuss their pay with one another.The other requires contractors to provide compensation data on their employees, including race and sex.One barista told me that when she complained about it, the managers reduced her hours.When you make minimum wage and have to fight for more than 30 hours per week, tips are pretty important, so I sat down with my managers to discuss the controversy.

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Under the National Labor Relations Act of 1935 (NLRA), all workers have the right to engage “concerted activity for mutual aid or protection” and “organize a union to negotiate with [their] employer concerning [their] wages, hours, and other terms and conditions of employment.” In six states, including my home state of Illinois, the law even more explicitly protects the rights of workers to discuss their pay.In the private sector, the number is higher, at 61 percent.This is why President Obama recently signed two executive actions addressing workplace transparency and accountability.One answer is that the NLRA is toothless and employers know it.When employees file complaints, the National Labor Relations Board’s “remedies” are slaps on the wrist: reinstatement for wrongful termination, back-pay, and/or “informational remedies” such as “the posting of a notice by the employer promising to not violate the law.”At the same time, ignorance of the law can just as easily fuel gag rules.

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