Every organization will have rules that must be followed, and this includes rules about sharing information. For many people, a question like this would not arise. But if you work in a company where salary is a sensitive issue, the question of whether or not your employer can share your salary with other employees may have come across your mind during your time in the company. If that’s the case, then this article is written for you. Through this article, you’ll get to understand what sharing of salary is and whether it’s legal or not.
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The answer to this question depends on several factors. First, it’s important to understand that your employer is not legally required to share your salary with other employees. However, if they choose to do so, then they are allowed by law to share your salary information as long as they have told you or have otherwise implied in a written agreement that they would do so.
But why would an employer ever want to share this information? It is often done for the purpose of helping employees create a more equitable pay structure within a company. For example, if one employee has been making significantly more than others in his department, then sharing his salary information with other workers can help them negotiate better salaries for themselves. In addition, sharing salary information is sometimes used as part of an effort by management to increase productivity at work. By making sure everyone knows what their peers earn, managers hope that employees will work harder and set higher goals for themselves because they know how much money is available for bonuses and raises each year.
However, there are several laws which govern who can access this type of information and under what circumstances it can be revealed:
- The Family Medical Leave Act (FMLA): This law allows employees up
Can my employer share my salary with other employees
In some cases, no. An employer may not disclose personal information about you to other employees for any reason, unless authorized by law.
In most cases, an employer may not share your personal information with other employees for any reason, unless authorized by law. There are exceptions to this general rule, but these exceptions are defined by laws such as:
- The Fair Credit Reporting Act (FCRA)
- The Health Insurance Portability and Accountability Act (HIPAA)
- State law or regulation
There are several laws which may authorize an employer to disclose information about you to others.
In some limited situations, your employer may be legally permitted to share your salary or other compensation information with other employees. This could happen if you are a supervisor in the same job title as another employee who needs this information in order to perform his or her job duties, or if you are a union member who represents an employee whose information is being shared and requires this information in order to perform his or her job duties.
Some examples of employer-authorized disclosures include:
Some examples of employer-authorized disclosures include:
- If the employee being shared with is a supervisor (or similar role) and needs the information in order to perform his or her job duties. For example, if an employee has direct authority over other employees and he or she needs their salary information in order to do their job well.
- To comply with state law. In some states, certain agencies are required by law to disclose certain information about pay and benefits, like those who work for law enforcement agencies and firefighters.
When the employee being shared with is a supervisor (or similar role) and needs the information in order to perform his or her job duties
If you are being shared with a supervisor (or similar role) who needs the information in order to perform his or her job duties, then yes. I would argue that if an employee is sharing salary information with another employee who has higher authority but does not work for them directly, then sharing salary information does not violate HIPAA privacy laws.
However, if an employee is sharing salary information with another coworker who has no direct authority over them and their only reason for needing the information is curiosity or envy, then this could be viewed as a violation of some states’ laws regarding workplace privacy rights.
When the employee being shared with is a union representative who represents the employee whose information is being shared and requires this information in order to perform his or her job duties; or
In addition to the above, if you are a union representative who represents the employee whose information is being shared and requires this information in order to perform his or her job duties; or
- The employees need to be in the same union.
- The union representative can be a volunteer or a paid staff person.
When disclosure is required due to a legal process such as a court order or subpoena.
Disclosure is required in the following instances:
- A court order or subpoena requires disclosure of salary information when it is relevant and germane to the matter at hand. For example, if two employees file a lawsuit against each other over an issue related to their employment, and one employee claims that the other has been paid more than he/she for doing similar work, then the court may order your company to disclose salary information for these employees.
- If your company receives a search warrant from law enforcement officers seeking any and all payroll records from a certain time period (i.e., weeks or months), then those records must be disclosed because they fall under this category as well.
Employers are authorized to provide the above information when necessary within their organization.
Employers are authorized to provide the above information when necessary within their organization. This includes situations such as:
- To perform their job duties
- When required by law, whether federal or state (e.g., the IRS)
- When required by a court order or subpoena that has been issued for legal purposes only (e.g., for taxes, child support and alimony payments)
- When authorized by the employee in writing
Your employer may not share your confidential personal data with others except in specific circumstances
It’s important to understand the difference between confidential and non-confidential personal data. The law protects your rights over any information you give to your employer, including:
- Personal data that is used to identify you, such as your name or address.
- Information about a medical condition that only you are aware of (for example, if it was not shared with anyone else).
- Information about religious beliefs or political opinions which have been made clear in public statements by yourself or others.
In contrast, there are some things that are not protected by law:
