Salary.com Compensation & Pay Equity Law Review

Roundup: Noncompete agreements; Employee medical exams; Data security; Unpaid internships; Workplace violence

Newsletter volume 3.17 April 28, 2025

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 asking these questions and even answering some of them:

  • Why are states getting rid of noncompete agreements?
  • When can you request an employee medical exam?
  • How can employees (and everyone) protect sensitive data while traveling?
  • Should your internships be paid? (YES)
  • Do you have a workplace violence plan?

Trying to help businesses stay in business and making sure that we have access to healthcare are the real reasons why states are rolling back noncompete agreements. Here's more on the new laws in Virginia, Arkansas, and Wyoming.

The general rule is that employers can't require employees to undergo medical exams unless it's required to make sure they are capable of performing the work. The other general rule on employee physical exams, is when in doubt, don't. At least until you talk to an employment lawyer who can review the potential state and federal laws that may apply.

This article from Fisher Phillips is a helpful refresher for understanding the risks, the limits of legal protections—especially at borders, and how to protect confidential and proprietary data.

April 25th, 2025

Pay Your Interns!

Almost no internships would pass the federal test for being an educational experience that benefits the intern. In short, employers must pay interns unless the interns are not working. So, as a compliance matter, please pay your interns.

This is a great resource for understanding and preparing for potential violence at work. I know it's not fun to think about. I hope you don't ever need it. But the problem is real and I want you to take care and be ready just in case.

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