New Hampshire law protects employees discussing their pay with co-workers, according to a recent New Hampshire Superior Court order. Under New Hampshire law, public policy would encourage employees discussing their pay and wages. Specifically, New Hampshire law has two provisions that protect employees.
RSA 275:38-a provides:
I. No employer shall discharge or in any other manner discriminate against any employee because he or she:
….
(b) Inquired about, discussed, or disclosed his or her wages or those of another employee.
RSA 275:41-b provides, in relevant part:
I. No employer shall require the following as a condition of employment:
(a) That an employee refrain from disclosing the amount of his or her wages. Both statutes evidence that in New Hampshire, public policy encourages employees to discuss their wages. Indeed, employers may not prohibit employees from discussing their wages, or terminate and/or retaliate against its employees for discussing their wages.
New Hampshire’s Equal Pay Act
New Hampshire recognizes a public policy permitting or encouraging pay discussions among employees based upon the Equal Pay Act, which applies to women and men discussing their pay in the workplace.
The plain language of RSA 275:38-a and RSA 275:41-b does not distinguish between different sexes. “Employee” is defined as “any person employed for hire by an employer in any lawful employment” and excludes individuals engaged in certain services, temporary employment, or employed by certain associations not relevant here. RSA 275:36. By the plain language of the definition, employee includes all sexes. Thus, RSA 275:38-a and RSA 275:41-b, by their plain language, support that public policy encourages employees of all sexes to discuss their wage.
If you have a New Hampshire employment law issue, such as a wrongful termination or discrimination, please call one of our experienced NH employment law attorneys at (603) 288-1403 or fill out our online contact form.