Just compensation, or fair compensation, is a legal concept that’s essential for businesses to understand. Put simply, this principle holds that when the government takes private property for its own use, it must compensate the owner for their loss by paying them a fair market value for the property. This requirement is outlined in the Fifth Amendment of the U.S. Constitution, which states that no person shall be deprived of life, liberty, or property without just compensation.
This principle has been applied numerous times over the years. For example, in 2005 a maritime transportation company in California was forced to hand over a portion of its property to the government in order for a military jet runway to be constructed. The company was compensated with just compensation for its loss, and the government was able to use the new space they acquired.
This principle is also important for businesses to understand when it comes to other forms of compensation. For example, under the Fair Labor Standards Act, it is illegal for employers to require workers to work overtime hours without being paid for those hours, as the worker is entitled to just compensation. Additionally, employers are required by law to provide safe working conditions, and if an employee sustains an injury while on the job they are entitled to just compensation for their medical expenses.
Just compensation is a key principle in both the public and private sectors, and understanding it can help business professionals avoid costly legal disputes while ensuring that their workers and business partners receive the proper compensation they deserve.