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Employment Law/Payroll confidentiality


I work in a restaurant and, as you know the majority of my wages are tips. We do not receive tips nightly, they are recorded nightly and handed, handwritten to a manager. Those papers are stored in a cardboard box at the front hostess station where they sit, unattended, all day. The box is visible to the public or any other employee. Other employes have access to my and others income; managers have given other employees my income information from these sheets. I have worked under the assumption that my wages and payroll info were private, unless I wanted to share them. Is it legal for everyone to see what I make? I work in California.

California has stricter employment laws to protect the employee than most states. However, I can find no laws state or federal that protect payroll salary information.  What is protected is personal information such as social security number, health information, personal address and email address. In fact there is a law that prohibits the employer from telling the employees that they cannot talk to other employees about their wages or work conditions.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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