Clear Up the Confusion: New Guidance on Pay Transparency

Do you need to advise your clients on complying with recent pay disclosure laws? Read our Pay Transparency and Disclosure Requirements Compliance Checklist to help you understand and address the patchwork of laws developing across the country.

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  • Federal: The U.S. Supreme Court holds that, in order to be exempt from overtime, highly paid employees must be paid according to the FLSA's salary basis requirement, not on a daily basis. See Helix Energy Sols. Grp., Inc. v. Hewitt, 2023 U.S. LEXIS 944 (Feb. 22, 2023).
  • Federal: NLRB holds that employers cannot proffer settlement agreements to employees with provisions that would restrict the exercise of their rights under the NLRA, including nondisparagement and confidentiality provisions. Macomb, 372 NLRB No. 58.
  • Federal: Department of Labor issues guidance regarding how to apply existing rules about break time to remote employees. See Field Assistance Bulletin No. 2023-1.
  • Minnesota: Minnesota Supreme Court holds that plaintiffs alleging constructive discharge are not required to have notified their employers of intolerable conditions or otherwise attempted to mitigate mistreatment before resigning. See Henry v. Indep. Sch. Dist. #625, No. A21-0004, 2023 Minn. LEXIS 42 (Feb. 8, 2023).
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