Compensation

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As pay equity has drawn more attention in recent years, employers need to stay abreast of the patchwork of federal, state, and local laws related to pay equity issues. Importantly, employers should understand the varying standards for protected characteristics, appropriate comparators, and accepted defenses under the varying laws of different jurisdictions. At a high level, this post summarizes the federal and state legal frameworks for pay equity claims and highlights the important differences in analyzing such claims.
Continue Reading Pay Equity – A Patchwork Legal Landscape

Now perhaps more than ever, employers of all stripes are grappling with an increased focus on pay equity, and it is transforming employer approaches to compensation. This presentation provides an overview of the pay equity landscape as well as discusses other pay transparency and reporting requirements across the nation.
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Continue Reading CLE Webinar Invite – Don’t Get Lost In the Dark – Navigating Pay Transparency and Pay Equity Laws

On December 21, 2022, New York Governor Kathy Hochul signed New York State’s pay transparency bill into law. Effective September 17, 2023, the new law will require employers to disclose the anticipated compensation range for any advertised job posting. …
Continue Reading New York State Enacts Wage Transparency Law

A small but growing number of employees are asking for cryptocurrency as a form of compensation.  Whether a substitute for wages or as part of an incentive package, offering cryptocurrency as compensation has become a way for some companies to differentiate themselves from others.  In a competitive labor market, this desire to provide innovative forms of compensation is understandable.  But any company thinking about cryptocurrency needs to be aware of the risks involved, including regulatory uncertainties and market volatility.
Continue Reading Cryptocurrency As Compensation: Beware Of The Risks

The Department of Justice’s top antitrust official announced that criminal charges against companies who agreed not to hire one another’s employees will be forthcoming, with announcements to be made in the coming months. …
Continue Reading DOJ Antitrust Chief Warns That Criminal Prosecutions for Wage-Fixing and Anti-Poaching Agreements Are Forthcoming

This past week the FTC and DOJ issued an 11-page guidance document aimed at protecting employees against anticompetitive conduct with respect to naked wage-fixing and agreements, in which companies agree on salary or other terms of compensation, and anti-poaching agreements. The guidance to human resource (“HR”) professionals and hiring managers relates to both hiring and compensation decisions.
Continue Reading FTC, DOJ Issue Guidance for HR Professionals on the Application of Antitrust Law to Hiring and Compensation