Legal
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SCOTUS: No class arbitration without clear-cut agreements
The High Court's decision in Lamps Plus is a "big win" for employers, a Littler Mendelson attorney told HR Dive.
By Ryan Golden • April 24, 2019 -
6th Cir.: Employee fired for health issues has viable ADA 'regarded as' claim
Absence and disability management can create headaches for HR, but training can help employers handle these situations.
By Jennifer Carsen • April 24, 2019 -
Jury awards $3.8M to paramedic told her breastfeeding schedule was 'excessive'
Tucson's fire department violated the FLSA and Title VII when it assigned the employee to stations without a lactation space, the jury found.
By Lisa Burden • April 24, 2019 -
DOJ suit: Employer violated USERRA's 'equivalent position' reinstatement mandate
A North Carolina county allegedly eliminated a dean's position while he was away for military service and offered him re-employment as a phys ed teacher.
By Lisa Burden • April 23, 2019 -
24/7 availability can be an ADA essential function, 5th Cir. says
The statute didn't protect a law-enforcement employee with PTSD because he could not, with or without an accommodation, be available around the clock.
By Jennifer Carsen • April 23, 2019 -
Employer settles EEOC suit alleging it pressured pregnant nursing assistant to quit
The agency also said the company failed to accommodate the employee's medically imposed lifting restriction.
By Lisa Burden • April 22, 2019 -
Court revives NYC worker's retaliation suit — despite finding no discrimination
After complaining about harassment, the employee alleged she was denied lunch breaks, which triggered migraines.
By Jennifer Carsen • April 22, 2019 -
SCOTUS to decide whether Title VII forbids LGBT discrimination
"This is a wake-up call to employers throughout the country, regardless of the way the Supreme Court goes," Haynes and Boone Partner Jason Habinsky said.
By Katie Clarey • UPDATED: April 22, 2019 at 5:25 p.m. -
Court OKs $258K jury award in GNC suit alleging age-based discipline
Employers "can't excuse the shortcomings of younger workers while bringing down the hammer on older workers," the court said.
By Lisa Burden • April 18, 2019 -
Deep DiveThe top OSHA fines of Q1 2019
Leading violations show that once again, inspections focused heavily on fall protection.
By Kim Slowey • April 17, 2019 -
Employer settles EEOC suit with $60K and apology letter to trans applicant
The company allegedly rescinded a job offer after learning that an applicant checked the box labeled "female" on his background screening paperwork.
By Lisa Burden • April 16, 2019 -
NLRB: Grousing in restroom wasn't protected activity
In an expletive-laced complaint made in a restroom open to the public, a Quicken Loans employee expressed annoyance about a client wasting his time.
By Jennifer Carsen • April 16, 2019 -
Positive drug tests hit 14-year high in 2018
Employers' duties to abide by local laws and maintain a drug-free work environment may come into conflict, analysis from Quest Diagnostics shows.
By Valerie Bolden-Barrett • April 16, 2019 -
H-1B program receives more than 200K petitions, an increase from FY2019
Companies long-reliant on the H-1B program are finding alternatives to continue doing business in the U.S.
By Naomi Eide • April 16, 2019 -
Jones Day attorneys seek $200M, alleging pervasive sex bias
The female plaintiffs alleged that the firm operates as a fraternity; Jones Day disputed that characterization.
By Jennifer Carsen • April 15, 2019 -
PwC workers alleging that campus recruiting is ageist earn class status
The case's outcome may affect the use of a recruiting technique on which many organizations lean.
By Katie Clarey • April 12, 2019 -
Anthropologie employee dubbed 'mom' gets age claim revived
After she expressed interest in a supervisor job, a manager allegedly told the plaintiff she was too old and didn't have the stamina for the position.
By Lisa Burden • April 12, 2019 -
EEOC sexual harassment charges up as overall total declines
The agency's acting chair noted the impact of the #MeToo movement on its 2018 fiscal year charge figures.
By Ryan Golden • April 12, 2019 -
Employee's strong performance record keeps ADA claim alive
The dental practice manager had received excellent reviews throughout her 11-year employment, including one less than two months before her termination.
By Jennifer Carsen • April 11, 2019 -
Court releases former ADP sales reps from noncompetes
Noncompetes can be difficult to enforce, as employers often need to show that a violation of the agreement would hurt a business substantially.
By Jennifer Carsen • April 10, 2019 -
3rd Cir. delivers harsh ADA Amendments Act reminder
The ADA doesn't require accommodation for workers "regarded as" having a disability, but the employer didn't contest jury instructions stating the opposite.
By Lisa Burden • April 10, 2019 -
Waste company settles EEOC claim that it refused to interview female driver
"American Pride has never hired a female driver and offered inconsistent and varying excuses for its failure to interview [the plaintiff]," the commission said.
By Lisa Burden • April 09, 2019 -
Microsoft staff email chain prompts sexual harassment investigations
According to a report, alleged misconduct included sexist comments and one incident in which a woman was "told to sit on a coworker's lap."
By Ryan Golden • April 09, 2019 -
Judge rejects $7.5M Comcast settlement resolving 'systemic' FLSA violations
The judge said the settlement would be "difficult to swallow" without any assurances of change.
By Lisa Burden • April 09, 2019 -
Employer brushed off sexual harassment as 'playful,' pays $150K to settle claim
Employers can better protect themselves with a workplace investigations policy, though not every complaint needs to be investigated.
By Lisa Burden • April 05, 2019
