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Salary.com Compensation & Pay Equity Law Review

Roundup: Executive Orders; DEI; Federal and state employment law relationship; Affirmative action and discrimination; Privileged audits

Newsletter volume 3.7 February 17, 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:

  • Can Executive Orders on DEI make new law?
  • What happens if there are changes to federal anti-discrimination laws?
  • Is DEI illegal now?
  • Does pay transparency upset employees?
  • Is it time for a privileged DEI audit?
February 11th, 2025

Executive Orders Don't Make New Law

Executive Orders cannot make new law because the President does not have that authority. Making new law is Congress' job. In the meantime, all state and federal anti-discrimination laws are in effect.

February 12th, 2025

Understanding the Hierarchy of Employment Laws

It looks like there may be changes to some federal employment laws. In those cases, state law will generally still be in effect and can continue to be enforced as long as the laws don't conflict.

February 13th, 2025

DEI is Not Illegal

Discrimination law can be really confusing, especially if you don't deal with it all the time. So, here's a great article about what the EO on DEI means and some context from me.

February 14th, 2025

Does Pay Transparency Upset Employees?

I loved this article from Mintz on pay transparency because they synthesize the ideas and requirements in various state laws and offer great guidance on how to approach pay transparency.

February 17th, 2025

It's Time for a Privileged DEI Audit

Don't go down the audit path alone. Bring your lawyer with you so you have the benefit of their wisdom and experience and so you can claim privilege down the line if you need to.

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