Clinton Incorrectly Says It’s ‘Legal’ To Fire Employees For Sharing Pay Info

Democratic presidential nominee Hillary Clinton has said on the campaign trail that employees who share pay information, and then complain if disparities are found, may be legally fired in most places. The Washington Post FactFinder dives into the claim, exploring what national laws apply to union and non-union workers, and what state laws address the issue. “To her credit,” FactFinder states, “Clinton listed three exceptions to fair-pay gaps in jobs where employees have set salaries and know how much others are being paid: government jobs, military jobs and jobs under union contracts.” The Post found that most employees are protected from retaliation against discussing their pay, but there are exceptions, and many employers believe – and employees fear – that they may impose such penalties. “Quite honestly, there is a lot of confusion about this topic,” said Angela Cornell, director of the Labor Law Clinic at Cornell Law School. “Many people don’t believe they are protected, and many employers think that they have the right to tell employees not to discuss pay amongst themselves and to take disciplinary action against those that violate those kinds of policies. It’s very, very commonplace… But, in fact, workers are protected when they are discussing pay.” The Post gave Clinton’s claim that firing workers for discussing pay is “legal” two Pinocchios.