Salary.com Compensation & Pay Equity Law Review

Roundup: OT exemption, Bias and discrimination, Noncompetes, Quiet Vacationing, DEI

Newsletter volume 2.29 July 24, 2024

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. She and Kent Plunkett, CEO of Salary.com, also have a new book out on Pay Equity, Get Pay Right: How to Achieve Pay Equity that Works !

This week we're answering the questions:

  • How do you figure out how to change an exempt employee to nonexempt and what else should you consider?
  • Does bias mean discrimination?
  • How do we deal with our biases?
  • What's going on with the FCT ban on noncompetes?
  • Can we please quit calling normal work behaviors quiet?
  • What's going on with DEI after the Court abolished affirmative action?

This article is a how-to on how to convert exempt employees to nonexempt and figure out their hourly pay. Regulators are never going to get mad about paying employees overtime; it's the legal default unless an exception applies. But there are more issues than just pay.

We are all biased. We're built that way. We immediately judge every new thing as scary or not scary. Not scary: good. Scary: bad. It's a simple, binary system. We love simple, binary systems! They offer certainty. We love certainty!

I suspect that this is more legal maneuvering to challenge agency powers more than anything the FTC has done or is doing. This is because noncompetes are ridiculous in most cases. But here's the latest drama and a great explanation of the court's ruling (sort of) enjoining the FTC ban on noncompete agreements.

Stop it. Really. Let's stop calling normal employee issues and behavior "quiet." There is no such thing as quiet quitting (doing the bare minimum), quiet vacationing (doing the bare minimum someplace else), quiet firing (setting employees up to fail), or any other iterations of the quiet nonsense.

July 24th, 2024

DEI Matters

The rules requiring equal opportunity have been in effect since the early 1960's, more than 60 years and my entire lifetime. Growing up, I proudly wore my "A woman's place is in the House and in the Senate" t-shirt. I was told I could do and be anything. The fact that I'm a girl didn't matter anymore. But it did.

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