• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Compensation in Flux: Crypto Pay, EU Transparency, and the Latest U.S. State Laws

Kristi Nelson Foy
By: Kristi Nelson Foy, HR Expert Contributor
Read it on Beacon
  • Share on

About the Author

Kristi Nelson Foy is co-chair of the Pay Equity Practice Group and Milwaukee shareholder at Ogletree Deakins. She has extensive experience advising employers on designing and implementing compensation strategies that ensure compliance with evolving legal standards and promote fairness and transparency in compensation practices. Her work in this area includes counseling on pay transparency compliance, conducting pay audits, developing policies and practices to prevent pay disparities, and more. Kristi offers counsel and direction for employers across a wide variety of labor and employment matters.

Show Less
Last Updated: June 22, 2026
6 minute engagement
Pay transparency compliance
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

The global compensation landscape is evolving at an extraordinary pace. From digital assets entering payroll discussions to sweeping transparency mandates on both sides of the Atlantic, HR and business leaders face a convergence of novel legal challenges that demand immediate (and continual) attention.

Specifically, three significant developments are shaping the future of employee compensation: the legal complexities of cryptocurrency as pay, the uneven march toward EU pay transparency, and the notable features of new pay transparency laws in Maine and Virginia.

Cryptocurrency as Compensation: Opportunity Meets Legal Uncertainty

A growing number of employers, particularly those in the technology sector, are exploring compensation models that incorporate cryptocurrency, such as Bitcoin and Ethereum, and stablecoins to attract top talent and streamline cross-border payments. Traditional international payroll often incurs additional fees and takes days to process, whereas crypto transactions, particularly stablecoins, can settle in minutes at negligible cost. The appeal is clear: crypto compensation signals innovation and can serve as a competitive differentiator for globally distributed teams.

However, there are legal challenges to this evolution of money. The federal Fair Labor Standards Act requires employers to pay minimum and overtime wages in “cash or negotiable instrument payable at par,” which has long been interpreted to include only fiat currencies such as the U.S. dollar, the Euro, or British Pounds.

Numerous state laws compound the difficulty. For example, Maryland requires payment in “United States currency,” Pennsylvania requires wages in “lawful money of the United States,” and California prohibits compensation made through “coupon, cards or other thing[s] redeemable…otherwise than in money.” Neither the Department of Labor nor the courts has yet definitively resolved whether certain cryptocurrencies qualify as permissible forms of wage payment under applicable federal and state law.

Beyond wage-and-hour compliance, employers should consider the tax implications of crypto-compensation. The IRS treats digital assets like cryptocurrency as property, not wages.  This means there are different reporting and tax impacts for employees receiving cryptocurrencies.  The dramatic price volatility inherent to non-stablecoin assets can also create challenges for payroll administration and can lead to underpayment claims if the value of crypto compensation falls below minimum wage thresholds at the time of receipt. Therefore, employers contemplating crypto payroll need to carefully consider how to create a structure and system that complies with both tax and wage payment laws.

The EU Pay Transparency Directive: A Patchwork of Readiness

The EU Pay Transparency Directive (2023/970) represents the most comprehensive piece of pay equity legislation enacted globally since the 1960s, and its transposition deadline of June 7, 2026, is now upon us. Yet the reality on the ground is sobering: Slovakia is the only member state that has implemented the Directive, with Italy and Lithuania making a late sprint to the finish line.  However, the vast majority of member states — including the Netherlands, Sweden, and France — have indicated they will miss the deadline. Sweden has gone so far as to declare it will not implement the Directive in its current form, seeking instead to reopen negotiations at the EU level.

The Directive’s core obligations are not subject to national negotiation and include recruitment transparency (providing actual pay or pay ranges before interview and banning salary history inquiries), workers’ right to information on pay levels disaggregated by gender for employees performing either the same or similar work or work of equal value, prohibitions on pay secrecy clauses, requirements for gender-neutral pay structures, and mandatory pay gap reporting for employers with 100 or more employees.

Where a pay gap between genders within a worker category exceeds five percent, employers must objectively justify it or remedy the pay gap within six months, or they will be required to conduct a joint pay assessment (equal pay audit) across their entire workforce in conjunction with employee representatives (as applicable).

Member states are at vastly different stages of implementation. Countries such as Germany, Denmark, and Finland have published draft legislation under consultation, while others, including Portugal and Hungary, have yet to release any draft at all. Estonia’s Economic Affairs Minister has openly stated the country would rather pay a fine than impose what it views as excessive administrative burdens on businesses.

For HR leaders operating across Europe, the practical takeaway is urgent: Since the first pay gap reports for employers with 250 or more employees will be based on 2026 pay data, this compensation cycle may be the last opportunity to identify and address inequities before data is locked in for public reporting.

Maine and Virginia: New Nuances in U.S. Pay Transparency

Domestically, Maine and Virginia will become the latest states to impose pay transparency requirements when their laws take effect in July 2026, joining approximately twenty-five other states and local jurisdictions. Virginia is notable as the first Southern state to enact such a law, while Maine completes the set for New England. Although both laws share the common requirement of disclosing salary ranges in job postings, they diverge in significant ways from each other and from the broader national landscape.

Virginia’s law, effective July 1, 2026, applies to all employers without any headcount threshold and uniquely combines posting requirements with a salary history ban and a private right of action. Virginia joins Washington as one of only two states providing individuals a private cause of action for job posting violations, though the enacted version limits recovery to actual damages within a one-year statute of limitations and includes a fifteen-business-day cure period for posting deficiencies. The law also requires that ranges be set in “good faith,” with the breadth of the range serving as a factor in that evaluation — a provision that signals increasing regulatory scrutiny of overly broad pay bands.

Maine’s law, effective July 29, 2026, takes a different approach by imposing a 10-employee coverage threshold and relying solely on state Department of Labor enforcement without specifying private remedies or penalties. Distinctively, Maine goes beyond posting obligations by requiring employers to disclose the pay range for a current employee’s position upon request, and by mandating that employers maintain records of each position held and the employee’s pay history during employment and for three years after termination. These record-keeping obligations are unusual in the pay transparency landscape and will require employers to ensure their HRIS and payroll systems can retain and produce the required data.

For multistate employers, the message from these latest enactments is clear: Pay transparency compliance has evolved from a job-ad formatting exercise into an operational discipline that ties together compensation architecture, recruiting practices, internal mobility, and records retention. The time to audit pay structures, train recruiters, and build defensible salary ranges is now.

Daniella McGuigan, co-chair of the Pay Equity Practice Group and London partner at Ogletree Deakins, contributed to this article.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

Employee Recognition Playbook

Provided by Inspirus

White Papers

Fertility Mandates Are Moving Fast: What Benefits Leaders Need to Know Now

Provided by Maven Clinic

White Papers

How Leading Employers Design Women’s and Family Health Benefits to Drive Outcomes

Provided by Maven Clinic

White Papers

How HR Can Thrive

SPONSORED CONTENT

HR Technology

Talent Management

sponsored content
AI Skills Gap: The 2026 Questions HR Leaders Are Asking, Answered

Courtesy of TRINET

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Further Reading

  • Employment Law
‘Just suck it up’: How NOT to respond to a bias allegation

The EEOC claims in a newly filed lawsuit that an Idaho employer responded to a bias allegation by telling the reporting employee to “be t...

  • Employment Law
New Executive Order: Trump Curbs Use of Disparate Impact Theory

On April 23, President Trump signed an executive order instructing federal agencies, including the EEOC, not to rely on disparate impact th...

  • Employment Law
Out-of-State Hiring Compliance: How to Avoid Tax and Registration Pitfalls

Out-of-state hiring compliance lets you tap into new talent but comes with complex rules HR must follow. Mistakes on taxes or registrations...

  • Employment Law
Overtime Miscalculation Costs Hawaii Rehab Clinic $171K in Back Wages, Plus Penalty

A physical therapy and rehabilitation clinic in Hawaii recently learned an expensive lesson about overtime compliance after a federal inves...

  • Employment Law
Ouch! Alleged hiring preference costs employer $700K

Expressing a hiring preference for a particular gender can be a very dangerous thing for employers to do. Why? Because there is a good c...

  • Employment Law
Wage Theft Settlement: Luxury Car Wash Pays $1.2M

A California carwash has agreed to pay $1.2 million to resolve “widespread wage theft” and other labor law violations, accordin...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.