Salary.com Compensation & Pay Equity Law Review

Roundup: RTO legal issues; Political speech at work; AI regulation in hiring; Benefits and layoffs; Nonbinary employees' gender on EEO-1

Newsletter volume 3.18 May 05, 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:

  • Are you really ready to have people back in the office and what about the people who can't make it?
  • Do employees have free speech rights at work?
  • What should you do if you use AI in hiring?
  • Can layoffs be more expensive than not doing layoffs?
  • What should you consider before planning a layoff?
  • How do you designate the gender of nonbinary employees on the 2025 EEO-1?

Before you make any changes in your remote or hybrid policy, it's essential to think through the logistics of what you are asking people to do and change. It's also important to understand the legal issues that may arise with accommodation and when policies are applied inconsistently.

While a few states are enacting AI regulations, the thing to understand is that it doesn't matter if you use AI or not in your hiring decisions. If they are discriminatory, you have problems.

Layoffs are a hard decision to make. They can end up cost more than the employer saves in the near future. And it's even more confusing and difficult when there is so much uncertainty about what the future may bring. My heart goes out to everyone.

You have accurate data. The government does not want your accurate data. And you still have to account for the gender of every employee on the form. So just put half of your nonbinary employees in male and the other half in female. It's as accurate as you're going to get this time.

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