Salary.com

2 months ago | salary.com | Noah Finkel |Kyle D. Winnick

Editor's Note Making Sense of Burdens of Proof in Employment Cases 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. Who has the burden of proof in a lawsuit? Generally, the party making the claim has the burden of proof to bring admissible evidence that supports their claim.

2 months ago | salary.com | Laura Fant |Evandro C Gigante |Arielle E. Kobetz |Jurate Schwartz

Editor's Note Don't Force Employees to Use Vacation During FMLA Leave I wrote about this recently when California enacted a state law that prohibited employers from requiring employees to use any paid PTO or vacation while they are on unpaid FMLA leave. It turns out the DOL agrees that employers should not force employees to use up their paid leave while on FMLA. I don't know whether the new administration will walk this back or not. It doesn't really matter.

Nov 25, 2024 | salary.com | Emilie Ho

Editor's NoteWhy Voters Are Deciding Wage IssuesMinimum wage and paid sick leave were on the ballot in six states. This is a great summary of the issues and how they turned out. So, why are voters deciding issues like minimum wage and paid sick leave instead of legislatures? The short answer is because legislatures haven't kept up with what it takes to survive. In the early 1980's, the federal government eliminated automatic cost of living increases to the minimum wage.

Nov 7, 2024 | salary.com | Daniel Kaplan

BEWARE: Compensating Employees With Equity Alone Likely Violates the Fair Labor Standards Actby Daniel Kaplanat Foley & Lardner LLPIn recent years, the practice of offering equity to compensate employees has gained traction, especially among startups and tech companies. Equity-based compensation, such as stock options and restricted stock units (RSUs), can provide employees with a sense of ownership and incentivize them to contribute to the company’s success.

Oct 29, 2024 | salary.com | Daniella McGuigan

Editor's NotePay Gap Reporting Coming the EUPart of the EU's new Pay Transparency Directive requires that employers actually do pay equity audits and then report their pay gap data to regulators. This is amazing. It doesn't go into effect until 2026 and it only applies to EU employers and employers with employees in the EU. But I expect to see states begin to enact similar requirements. Several have already borrowed from the EU's laws on using AI in employment decisions.