Salary.com Compensation & Pay Equity Law Review

Roundup: Pay equity and Snapchat; Trade secrets and noncompetes; Agency law and the Workday lawsuit; EEOC-1 pay reporting; Diversity goals

Newsletter volume 2.31 August 07, 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:

  • Which is better pay equity or a lawsuit?
  • What are you trying to protect with noncompete agreements and does it work?
  • Can HR Tech software be an employer under discrimination law?
  • Will the EEOC revive pay data reporting on the EEO-1?
  • Are diversity goals discrimination?

Try compliance. It works. It's good business. It saves money in the long run. And you will end up with a much better workplace. Here's what happened to Snapchat.

No matter what the courts decide, the legal issue is about the FTC's authority, not whether noncompetes are good or bad or should or should not be banned. In the meantime, let's look at what noncompetes are really about. What are noncompetes supposed to protect and do they actually protect anything. Spoiler: They usually don't.

In the Workday lawsuit, the plaintiff is claiming Workday was an agent of the employer, but not in the sense of someone the employer was directing. They are claiming that Workday has independent liability as an employer too because they were acting like an employer in screening and rejecting applicants for the employer.

But that's kinda the whole point of HR Technology—to save the employer time and resources by doing some of the work.

August 6th, 2024

Pay Reporting is Coming

The EEOC is planning on reviving pay data reporting, which was dropped by the Trump administration after being in effect for approximately 27 minutes (maybe a little longer). On the federal level, whether it sticks will probably depend on the coming election.

It shouldn't depend on politics though.

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