Compliance
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DOL proposes rule easing 401(k) investments in cryptocurrency, other alternative assets
The rule, which follows the direction of an executive order, would protect fiduciaries who select such investments “objectively, thoroughly, and analytically,” the department said.
By Emilie Shumway • March 31, 2026 -
HR can be ‘unreasonable’ as long as it’s not discriminatory, 5th Circuit says
Courts may disagree on whether a termination decision is fair, but that question does not determine legality, according to a March 26 decision.
By Ryan Golden • March 30, 2026 -
SCOTUS debates arbitration exemption for drivers who don’t cross state lines
Including intrastate drivers under the Federal Arbitration Act’s interstate commerce exemption would create uncertainty for companies, counsel for Flowers Foods told the justices.
By Ryan Golden • March 30, 2026 -
EEOC touts $15M agreement resolving COVID-19 vaccine bias claims
“There was no pandemic exception to workers’ civil rights and liberties,” Andrea Lucas, EEOC chair, said in a statement Tuesday.
By Emilie Shumway • March 27, 2026 -
Trump order directs federal contractors to dump DEI — or risk canceled contracts
Departments and agencies have until April 25 to insert a clause in their contracts that requires contractors and subcontractors to not engage in “racially discriminatory DEI activities.”
By Emilie Shumway • March 27, 2026 -
DOL seeks to hike H-1B visa holder wage rates to curb ‘abuse’ of program
Employers should expect the changes, which revive a regulatory effort from the first Trump era, to further disrupt their skilled worker hiring plans, one attorney said.
By Ryan Golden • March 27, 2026 -
Why paid sick leave is a DEI issue
A National Partnership for Women & Families report shows how the geography of “pre-emption” states can disproportionately affect certain groups.
By Caroline Colvin • March 25, 2026 -
Bimbo Bakeries can’t compel Massachusetts drivers to arbitrate misclassification claim
A federal district court said the drivers can pursue their state law case in court because they qualify as transportation workers excluded from coverage under the FAA.
By Laurel Kalser • March 23, 2026 -
DOL sends new joint employer rule to White House
The forthcoming rule is expected to be friendlier to employers than present Fair Labor Standards Act regulations, one attorney told HR Dive.
By Ryan Golden • March 23, 2026 -
A leader downplayed an HR investigation’s findings. What now?
It’s a difficult place for professionals to find themselves, attorneys told HR Dive, and moving forward requires understanding of both personal and organizational risks.
By Ryan Golden • March 23, 2026 -
Court doesn’t buy employer’s defense for not complying with race bias settlement
A Georgia school district said “qualified immunity” meant it couldn’t be sued for refusing to implement changes pursuant to its agreement with the plaintiff.
By Ryan Golden • March 20, 2026 -
Planned Parenthood of Illinois agrees to pay $500K after EEOC alleges DEI-based harassment
The organization’s president and CEO told HR Dive the alleged misconduct took place under prior leadership.
By Emilie Shumway • March 20, 2026 -
New Minnesota bill would require 90-day notice for AI that could displace workers
“Conversations with experts and industry leads indicate this displacement is only a matter of time,” Minnesota Rep. David Gottfried, the bill’s sponsor, told HR Dive.
By Caroline Colvin • March 19, 2026 -
A PIP is not always an adverse action under SCOTUS’ relaxed bias test, court says
The decision may demonstrate some of the limits of Muldrow v. City of St. Louis, which employer-side attorneys have argued favors plaintiffs alleging job discrimination.
By Ryan Golden • Updated March 23, 2026 -
Chinese engineer can’t pursue age, racial bias lawsuit, 10th Circuit affirms
The City of Tulsa, Oklahoma, chose a candidate with greater leadership experience for a management position, the appeals court said.
By Ginger Christ • March 18, 2026 -
Disney executive alleges HR combed his private coaching sessions for ‘dirt’
The exec butted heads with HR due to his “his direct, streamlined, and performance-driven leadership style,” a complaint alleged.
By Emilie Shumway • March 17, 2026 -
Column
How a Florida pronoun bill could clash with Title VII
HR Dive’s Caroline Colvin digs a little deeper into the legal implications — or complications — of HB 641, or the proposed Freedom of Conscience in the Workplace Act.
By Caroline Colvin • March 17, 2026 -
Same-race bias, unbalanced DEI training: 4 lessons from recent Title VII cases
During last week’s National Employment Law Institute briefing, attorneys touched on how employers have messed up — or been saved — by their understanding of the law.
By Emilie Shumway • March 16, 2026 -
Feds keep marijuana tests for workers despite Trump reclassification order
Several years of legalization efforts at the state level have enhanced compliance concerns for employers.
By Ryan Golden • March 16, 2026 -
Deep Dive
Meet the former feds operating a ‘shadow’ EEOC
The group hopes to provide guidance to stakeholders “given the EEOC’s abdication of its responsibilities to do so,” said Jocelyn Samuels, former vice chair for the agency.
By Ginger Christ • March 16, 2026 -
LeMay, Warren. (2019). "Potter Stewart US Federal Courthouse, Cincinnati, OH" [Photograph]. Retrieved from Flickr.
‘Monitoring’ during meal breaks did not need compensation, 6th Circuit says
A security guard’s lawsuit was properly dismissed because it gave no indication of how often, if at all, monitoring the radio and responding to calls interrupted his breaks.
By Laurel Kalser • March 13, 2026 -
Lush agrees to settle gender identity bias lawsuit dropped by EEOC
The outcome demonstrates how similar cases may continue to live on in spite of the agency’s ideological shift.
By Ryan Golden • March 13, 2026 -
AI trailed DEI, immigration in 2025 compliance impact, employers say
The combination of regulatory and economic uncertainty prompted more than one-third of employers in a Littler survey to reduce headcount within the past year.
By Ryan Golden • March 12, 2026 -
Bravo, Warner Bros. can’t compel arbitration in former Real Housewives cast member lawsuit, judge orders
The defendants filed two motions to dismiss the claims and didn’t bring up arbitration for more than a year after the lawsuit was filed, the federal judge said.
By Ginger Christ • March 11, 2026 -
EEOC: Restaurant fired worker who had seizure to allow her to ‘focus on’ her health
The Americans with Disabilities Act prohibits discrimination against employees who are regarded as having a disability by their employers.
By Ryan Golden • March 11, 2026