Cabinet Makers Association
  • Who We Are
    • Contact Us
    • About Us
  • Membership
    • General Membership
    • Associates & Distributors >
      • Associate & Distributor Member Directory
    • Students & Instructors
    • Make a Payment
  • For Homeowners
    • Shop Finder
    • Cabinetry Buyer's Guide
    • Wood Diamond Awards
  • Events
  • News
    • PROfiles
    • Benchmark Survey
  • Forums

HR Question of the Month: December 2017

12/19/2017

0 Comments

 
Question: I am responsible for writing and sending our job offer letters. While I know I cannot explicitly prohibit an employee from discussing their salary, terms of employment, etc., am I allowed to declare a job offer as "Private and Confidential," stated within the job offer itself?

Response: You are correct that compensation discussions among employees are protected under the federal National Labor Relations Act (NLRA), which applies to both unionized and non-unionized employers alike. Indeed, among other things, the Act prevents an employer from interfering with, restraining, or coercing employees in exercising their statutory rights, and it specifically protects the right of employees to discuss their wages (as well as other terms and conditions of employment) with one another for their mutual aid or protection.

To this end, the employer needs to take care that the wording selected for an offer letter or in any other communication with applicants, offerees or employees, does not risk being misunderstood as a directive not to share salary information or any other similar data should an employment relationship begin. We advise that the employer omit any language or notation in an offer letter or other communication that might suggest to an offeree that he or she cannot reveal or disclose the information contained therein, including to co-workers should the offer be accepted. A notation of "Private and Confidential" may do just that, so the employer is advised to exclude it.

We appreciate, however, that the employer may want to emphasize that the information contained in an offer letter is for the "recipient's eyes only" upon receipt. If the employer’s objective is to ensure that no one other than the offeree opens the letter, you may wish to include a notation along the lines of "Private Correspondence" on the outside of the envelope in which the offer letter is contained. This would presumably alert others in the offeree's household that the envelope is for the recipient only to open. Language to this effect on the outside of an envelope is less likely to create a substantial risk of an NLRA violation. By contrast a notation on, or language in, the letter itself that suggests the recipient cannot share the information contained therein (if he or she wants to do so) can indeed expose the employer to a potential NLRA violation, and thus is ill-advised.
​
Want to learn more? Click here to listen to a podcast on Job Offers and confidentiality. 
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    News

    This section of our site contains industry news relevant to CMA members. 

    For consideration, you can submit a  press release to: 
    ​
    marketing@cabinetmakers.org

    Subscribe to our mailing list

    * indicates required

    Archives

    December 2020
    November 2020
    August 2020
    June 2020
    May 2020
    March 2020
    December 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016

    Categories

    All
    Education
    Events
    Newsletter
    PROfiles
    Webinars
    YouTube

    RSS Feed


Cabinet Makers Association
PO Box 888678
​Grand Rapids, MI 49588-8678
(616) 930-4610
  • Who We Are
    • Contact Us
    • About Us
  • Membership
    • General Membership
    • Associates & Distributors >
      • Associate & Distributor Member Directory
    • Students & Instructors
    • Make a Payment
  • For Homeowners
    • Shop Finder
    • Cabinetry Buyer's Guide
    • Wood Diamond Awards
  • Events
  • News
    • PROfiles
    • Benchmark Survey
  • Forums