While having lunch, a colleague at the next table casually asks, "By the way, how much do you make? I received an offer, and I'm not sure what to expect."

In that moment, a line from the handbook I read when I joined the company comes to mind. It states that salary information is confidential and should not be shared with colleagues.

So, most people just laugh it off. But can the company really stop this from happening?

To get straight to the point, if you are a regular employee at a private company, preventing discussions about salaries or retaliating against someone for doing so is a violation of federal law.

The basis for this is the National Labor Relations Act (NLRA). Many people are unaware that it applies even to employees in non-unionized companies.

According to guidance from the National Labor Relations Board (NLRB), the range of people you can talk to is quite broad. It includes colleagues, unions, worker organizations, the media, and the general public, regardless of whether the communication is face-to-face, over the phone, or in writing.

The NLRB also specifies what companies cannot do. They cannot retaliate or threaten employees for discussing salaries, inquire about what was said, or monitor these conversations.

I was a bit surprised to learn that having rules that prohibit salary discussions or requiring company approval for such discussions is itself considered illegal.

This means that even if no one has been disciplined, the wording in the handbook could still pose a problem.

However, the reality often diverges from the law. A 2010 survey by the Institute for Women's Policy Research (IWPR) found that 19% of respondents said salary discussions were officially prohibited, and 31% said managers discouraged such conversations.

When looking specifically at the private sector, 61% reported that discussions were prohibited or discouraged, while only 14% said the same for the public sector.

The same research institute evaluated that the percentage of employees who could speak freely without fear of retaliation remained unchanged in their 2017-2018 survey of full-time workers. Although this data is somewhat dated, I couldn't find any newer national figures within my search.

Virginia also has its own state law. The Virginia Code 40.1-28.7:9, enacted in 2020, prohibits firing or retaliating against employees for asking about or sharing their own or others' salaries.

If violated, there can be a civil penalty of up to $100 per incident, and the state's Commissioner of Labor and Industry can seek injunctions in circuit court.

Honestly, $100 seems too light. This provision does not include a clause for employees to sue directly, so it's better to be aware of the federal procedures as well.

Of course, there are exceptions. The first is when someone in HR or payroll, who handles salary information as part of their job, discloses that information to someone without access.

The Virginia statute excludes such cases from protection. However, if responding to an official complaint or investigation, or if required by law, they are protected again.

The second exception applies to individuals not covered by the NLRA. This includes supervisors, independent contractors, government employees, agricultural workers, and domestic workers.

Whether someone is a supervisor is determined by actual authority, not just by their title. Just because it says "manager" on a business card doesn't mean they automatically fall into that category.

Federal employees are outside the NLRA, but the situation is somewhat different. The GS pay scale is publicly available through the Office of Personnel Management (OPM), and the 2026 Washington-Baltimore-Arlington area scale includes a locality pay adjustment of 33.94%.

Knowing the grade and step makes it easy to estimate salaries, so the idea of salary secrecy doesn't hold up well.

Federal contractors in the DMV area should also be aware of recent changes. The final rule from the Department of Labor that repeals the implementation of Executive Order 11246 went into effect on October 26, and law firm Crowell noted that it includes provisions against retaliation related to salary disclosures.

That said, there's no need to stay silent. For regular employees of private contractors, the NLRA and Virginia state law still apply, so I see this as a reduction in protective measures.

However, this right pertains to wages and working conditions. It would be problematic to interpret it as allowing discussions about contract rates or security matters.

Be mindful of the time and place as well. The NLRB guidance explains that discussions should occur during breaks or non-working hours, so it's safer to talk during lunch or on the way home.

You also have the right not to speak. Even if a colleague asks, you are not obligated to answer.

If the company raises an issue, make sure to document everything first. Write down the date, who spoke, and what was said that day, and keep a copy of the handbook wording.

Filing a complaint with the NLRB generally needs to be done within six months of the incident, and the local office's phone number is 844-762-6572. They advise that if the problematic rule is still in place, they can usually address cases even if you learned about it longer ago.

If it escalates to termination, don't make decisions on your own. The applicable laws and procedures can vary based on individual circumstances, so it's best to consult an employment attorney.

I would ask whether this salary range is appropriate for this position rather than revealing the exact numbers. This approach feels less burdensome given the Korean cultural tendency to shy away from discussing money.

There's no need to be intimidated by a line in the handbook. My salary is my information, and the right to discuss it is stronger than you might think.