Compliance
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Barnes & Noble pays $910K to settle cafe managers' misclassification suit
Exemptions are based on objective standards and are not dependent on employer-determined job titles, experts say.
By Lisa Burden • March 04, 2021 -
DHS' denied telework request wasn't adverse action, DC court rules
An adverse employment action is "a significant change in employment status," the court noted.
By Lisa Burden • March 04, 2021 -
Prof's 'much younger' replacement did not prove ageism claim
The Age Discrimination in Employment Act forbids discrimination based on age against applicants and employees age 40 and older.
By Lisa Burden • March 04, 2021 -
2nd Cir. won't reconsider whether criminal history hiring ban disparately impacted Black applicants
There's a growing push in the U.S. to remove the barriers for job seekers with criminal histories.
By Katie Clarey • March 03, 2021 -
Fotolia
Class action claims unpaid work, OT violations at Sun-Maid
The former employee's complaint claims both FLSA and state law violations.
By Lisa Burden • March 02, 2021 -
Samantha Liss, Healthcare Dive
5 FMLA certification questions on coronavirus answered
As decisions are being made at the federal level, HR practitioners continue to seek guidance on FMLA certification procedures.
By Sheryl Estrada • March 01, 2021 -
Johnson & Johnson worker fired 4 weeks after leave alleges bias
The employee said his position was given to a younger, less-qualified individual without a disability.
By Lisa Burden • March 01, 2021 -
South Carolina Ben & Jerry's settles wage, child labor violations
Children under 14 years of age may not be employed in non-agricultural occupations covered by the Fair Labor Standards Act.
By Lisa Burden • March 01, 2021 -
Brian Tucker / HR Dive
House passes Equality Act, aiming to codify LGBTQ workplace protections
Legislation solidifying Bostock could prevent misinterpretations of the case law and pave the way for EEOC guidance, according to one expert.
By Sheryl Estrada • Feb. 26, 2021 -
Photo by Glenn Carstens-Peters on Unsplash
Doctor's note failed to prove worker's disability, court finds
The worker failed to establish her physician as an expert witness, the 10th Circuit concluded.
By Lisa Burden • Feb. 26, 2021 -
Court OKs employee surveillance to root out FMLA abuse
A chemicals company used footage to prove a worker's behavior was inconsistent with her stated need for leave following reports that she got a pedicure while recovering from foot surgery.
By Lisa Burden , Katie Clarey • Feb. 25, 2021 -
8th Cir.: Railroad must reinstate worker who defecated on company property, per arbitrator's decision
The agreement struck by Union Pacific and the worker's union did not restrict an arbitrator's ability to review and change an employment decision.
By Katie Clarey • Feb. 25, 2021 -
DOL withdraws opinion letters on gig worker arrangement, truck driver hours
The actions mean both letters "may not be relied upon as a statement of agency policy" as of Feb. 19, per DOL.
By Ryan Golden • Feb. 25, 2021 -
Opinion
Receiving a DOL compliance audit? Keep these 5 tips in mind.
An audit won't make your day, but it also doesn't have to ruin it, writes Matt Nusbaum, director of the BCG Institute for Workforce Development.
By Matt Nusbaum • Feb. 25, 2021 -
Native American prof alleges pay bias at New York college
To prevent such claims, experts have suggested that employers consider pay audits and take steps toward pay transparency.
By Lisa Burden • Feb. 23, 2021 -
Frito-Lay settles claim it fired Seventh-Day Adventist over scheduling issue
As part of the consent decree resolving the allegations, the company will provide HR, managers and employees training on the reasonable accommodation process.
By Lisa Burden • Feb. 23, 2021 -
Courtesy of https://corporate.walmart.com/photos/walmart-store-exterior-at-night
Lack of qualifications dooms Walmart worker's failure-to-promote claim
The 11th Circuit noted that the job descriptions of the positions for which the worker applied asked for experience he lacked.
By Lisa Burden • Feb. 22, 2021 -
Retrieved from The White House/YouTube on January 21, 2021
A month after Biden's inauguration, what's changed?
The president spent some of his first moments in the Oval Office revoking Trump-era orders and issuing mandates that may set the tone of his administration.
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Adeline Kon/HR Dive
Tracking the essential workers included in state COVID-19 vaccination plans
Maine is moving to an age-based approach to vaccine eligibility effective March 3, 2021. New York has added public-facing hotel workers to its eligibility list.
By Ryan Golden • Feb. 22, 2021 -
Fotolia
Employer refused to delay start date as accommodation, EEOC alleges
When the new hire was induced into early labor, the company rescinded her job offer, the agency alleged.
By Lisa Burden • Feb. 19, 2021 -
Survey: Only 6% of US employers plan to mandate COVID-19 vaccination
Employers will balance a wide range of concerns and viewpoints as they decide whether to require the vaccine.
By Ryan Golden • Feb. 18, 2021 -
USERRA sometimes requires paid leave for reservists, 7th Cir. rules
The decision may have a significant impact on employers with large reservist workforces, according to attorneys at Akin Gump.
By Lisa Burden • Feb. 17, 2021 -
CUNY
2nd Cir.: City University of New York removed prof for mismanaging money, not bias
Employers generally have a strong defense when they can show a nondiscriminatory reason for an adverse employment action.
By Lisa Burden • Feb. 17, 2021 -
Quest Diagnostics employee fired 5 months after leave has no FMLA retaliation claim, court says
Without documentation supporting an adverse employment action, workers can sometimes establish retaliation based on timing alone.
By Lisa Burden • Feb. 17, 2021 -
Ryan Golden for HR Dive
Las Vegas security company settles EEOC hair discrimination lawsuit
Several states and some cities have adopted laws aimed at preventing bias in the workplace and in public places based on hair texture, type and style.
By Lisa Burden • Feb. 12, 2021
