Legal
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5th Cir. upholds jury verdict awarding Texas police lieutenants overtime
Misclassification of employees under the FLSA is a common issue and can lead to costly litigation.
By Lisa Burden • April 02, 2020 -
DOL publishes rule implementing coronavirus leave law
The regulation is effective through the end of 2020.
By Ryan Golden , Kate Tornone • April 01, 2020 -
DOL outlines rules for bonuses, benefits in overtime calculations
The clarifications came in the form of three opinion letters regarding the new regular rate regulations.
By Jennifer Carsen • April 01, 2020 -
Kate Tornone
EEOC emphasizes anti-discrimination laws in COVID-19 response webinar
A global pandemic may have caused the transformation of federal leave laws, but the country's discrimination laws are very much intact, speakers said.
By Jennifer Carsen • March 31, 2020 -
Public domain pictures
9th Cir.: Employees failed to show background check info was confusing
A dissenting judge, however, said that when a job applicant is unaware he or she is authorizing a consumer report, the employer may violate FCRA.
By Lisa Burden • March 31, 2020 -
DOL outlines small-business exemption from coronavirus paid leave law
Businesses with fewer than 50 employees are exempt from two aspects of the FFCRA, the agency said.
By Ryan Golden • March 30, 2020 -
What HR needs to know about the coronavirus paid leave law
In less than two weeks, U.S. small businesses have experienced a drastic change in the compliance landscape.
By Ryan Golden • March 30, 2020 -
Ryan Golden for HR Dive
EEOC urges employers to mind bias against Asian Americans during pandemic
There have been reports of "mistreatment and harassment," the agency's chair said in a statement.
By Lisa Burden • March 30, 2020 -
Postmates couriers are employees, New York appeals court finds
Laws generally are evolving to make it more difficult for companies to establish gig worker status — a change many businesses are fighting.
By Jennifer Carsen • March 30, 2020 -
Getty Images
$2T COVID-19 package prioritizes relief for workers, small businesses
Among other things, the CARES Act includes a payroll tax credit for certain employers.
By Sheryl Estrada • March 30, 2020 -
Photo by Adhy Savala on Unsplash
Employer need not ignore communication failings related to accent, court says
An employer may make a decision based on an individual's accent if it "interferes materially with job performance," according to EEOC.
By Lisa Burden • March 27, 2020 -
1st Cir.: Job descriptions do not dictate essential functions
The City of Somerville, Massachusetts, may have discriminated against an officer whom it forced to retire due to his monocular vision.
By Jennifer Carsen • March 27, 2020 -
Tesla reportedly maintains an 'anti-handbook.' Could it work for others?
An employment lawyer told HR Dive the company's "Anti-Handbook Handbook" may be fine, but wouldn't necessarily recommend others adopt it.
By Ryan Golden • March 27, 2020 -
DOL publishes coronavirus leave poster
With many employees working remotely, the agency said employers may send the notice via email.
By Kate Tornone • March 26, 2020 -
Fotolia
Supermarket's background check disclosure contained too much info, 9th Cir. says
The FCRA has specific requirements for employers requesting credit checks or criminal background reports.
By Jennifer Carsen • March 26, 2020 -
IRS provides updated guidance for small businesses claiming coronavirus paid leave tax credits
Eligible employers will be able to claim the credit via their quarterly federal tax returns, the agency said.
By Ryan Golden • UPDATED: April 1, 2020 at 1:38 p.m. -
Fotolia
EEOC: Manufacturer violated ADA in firing worker returning from hospitalization
The commission has asked for back pay, damages and training for the company's managers and supervisors.
By Lisa Burden • March 25, 2020 -
Court revives coach's suit, citing need to consider the 'overall likelihood of discrimination'
A lower court mistakenly looked for one single piece of evidence to support the applicant's claim, the 7th Circuit said.
By Jennifer Carsen • March 25, 2020 -
Ryan Golden for HR Dive
Metals company settles EEOC claim it refused to hire workers over 40
The Age Discrimination in Employment Act forbids discrimination on the basis of age against employees and applicants who are 40 years old or older.
By Lisa Burden • March 24, 2020 -
NLRB suspends representation elections due to coronavirus
The suspension lasts through April 3, but the Board said it will monitor the situation and adjust the date as necessary.
By Jennifer Carsen • March 24, 2020 -
DOL to observe 30-day 'temporary non-enforcement' of coronavirus paid leave law
Employees could still sue over non-compliance despite the notice, an attorney told HR Dive.
By Ryan Golden • March 24, 2020 -
Deep Dive
5 things to know about the new coronavirus paid leave law
A number of small businesses are "despondent," one source told HR Dive. But there's hope the federal government could soften the the law's impact.
By Ryan Golden • March 23, 2020 -
Employers can screen workers, applicants for fevers, EEOC says
Employers also may ask workers who call in sick if they are experiencing COVID-19 symptoms, the guidance said.
By Lisa Burden • March 23, 2020 -
Rawf8/Getty Images Plus via Getty Images
SUNY official fired over performance, not sexual orientation, 2nd Cir. says
The school provided "overwhelming evidence" he was terminated after declining performance, extensive absences and insubordination, the court said.
By Lisa Burden • March 23, 2020 -
California relaxes notice requirements for coronavirus-related layoffs
Many states have their own so-called mini-WARN laws that provide workers with greater protections than federal law.
By Jennifer Carsen • March 23, 2020
