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Expert Analysis

New Challenges To Pay Confidentiality Policies

Law360, New York ( June 23, 2014, 1:51 PM EDT) -- In the interest of maintaining pay flexibility and incentivizing superior performance but without diminishing coworker morale, many employers maintain policies or practices that prohibit employees from discussing their wages, benefits or other compensation with coworkers. These policies have recently come under attack from the National Labor Relations Board and are also under challenge in efforts to combat claimed gender pay disparities. This relatively new regulatory environment suggests employers may need to review, and possibly revise, their policies....

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