Salary.com Compensation & Pay Equity Law Review

Roundup: NY Non-compete law; Health benefits for all genders; Bias or discrimination; Pay transparency; Rescinding job offers

Newsletter volume 1.12 July 31, 2023

Salary.com Compensation and Pay Equity Law Review

Welcome to Salary.com's Compensation and Pay Equity Law Review.

Our editor, employment lawyer Heather Bussing, is tracking legislation, cases, and analysis to give you the latest critical HR topics.

This week we're answering the questions:

  • Why is NY's ban on non-compete agreements stalled?
  • Is not offering health care benefits for gender affirming care discrimination?
  • What is the difference between bias and discrimination?
  • Why should I post pay ranges in job ads if I don't have to?
  • When should I rescind a job offer?

Non-competes have been unenforceable in California forever (well, since 1872). There are a few exceptions—when an owner sells all their interest in a business or when a partner leaves a partnership. So far, the world has not ended and tech and other companies continue to do business there. Will New York do the same?

When you are deciding on healthcare benefits, make sure the coverage does not violate state or federal law. That means making sure all genders have coverage for medical care regardless of anyone's opinions about what's in someone's pants.

Bias is important to recognize and often hard to see. It's not always a problem, but when it is, it's also usually illegal. Especially at work

Look at your pay and adopt the level of pay transparency that's required wherever you have employees and that works for you. It's worth it. Getting your compensation right will benefit the organization and your employees. I can't say the same about claims.

July 31st, 2023

When to Rescind a Job Offer

Rescinding job offers is brutal for everyone involved. The candidate may have turned down other positions and has to start over. The team waiting on help will have to wait longer. The recruiter may not get paid. And now you also have tricky legal territory to navigate.

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