Salary.com Compensation & Pay Equity Law Review

Roundup: Burden of proof on wage claims; Caregiver discrimination; Pay transparency; Discrimination is still illegal; Bias is not always discrimination

Newsletter volume 3.5 February 03, 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:

  • What the heck does preponderate mean?
  • What is IL's new law protecting caregivers?
  • How do I figure out which state's laws apply to employees?
  • What's the deal with the affirmative action EO?
  • Are bias and discrimination the same?

This is a nice summary of the Supreme Court's decision about what burden of proof applies to the claims and defenses in a Fair Labor Standards Act (federal wage and hour) cases. So let's talk about what burdens of proof are and why they matter.

Organizations with employees in multiple states just need to make sure they are not violating any state law. They can always do better. Compliance is always the floor, never the ceiling.

January 31st, 2025

Discrimination is Still Illegal

Nothing that has happened so far has changed Title VII, the Rehabilitation Act (that applies to federal government employees), or state discrimination laws. It is still illegal to discriminate and will continue to be. Because anti-discrimination laws protect everyone.

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