Salary.com Compensation & Pay Equity Law Review

Roundup: Updating DEI initiatives; NY pay transparency job descriptions; NY wage theft law; Sexual harassment; Salary thresholds for OT

Newsletter volume 1.21 October 02, 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:

  • How can I assess and grow my DEI initiatives?
  • Why are job descriptions essential to pay equity and pay transparency?
  • When do payroll issues become criminal?
  • Why don't policies reduce sexual harassment?
  • What is the duties test for exemption from OT?

In a recent survey, almost 90% of organizations said DEI was necessary and benefitted culture, hiring, retention, and profitability.

DEI is good for business. Here are some excellent suggestions on how to assess and grow your DEI initiatives .

New York State's pay transparency law went into effect on September 17, 2023. It requires that employers post in the job ad a good faith pay range and a job description of the role if "it exists."

The job description part is a big deal. Here's more on the legal requirements and how to think about job descriptions.

Not paying wages can get you into all sorts of trouble, including criminal charges. Here are all the details on New York's new wage theft law.

This article on sexual harassment has excellent legal advice. But the real problem with sexual harassment is the harassers never think they are doing anything wrong, always think their conduct is welcome, and don't think that policies or training applies to them because they aren't doing anything wrong.

To be exempt from overtime, employees must meet both the salary threshold and the duties test. When the Labor Department adjusts salary thresholds, everyone focuses on that issue, including me. My assumption was that if an employee was exempt under the old rules, the new salary threshold would be the only issue to worry about.

This article explains why it's worth double checking to make sure your exempt employees also meet the duties test to be exempt.

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