Compliance

Disney employee unqualified for reassignment has no ADA claim, 11th Cir. holds

The plaintiff’s collective bargaining agreement foreclosed her transfer request, the court concluded.

By Laurel Kalser • Nov. 23, 2022

8th Cir. won’t revive ADA telework claim of manager with MS

The 8th Circuit upheld summary judgment in favor of the employer despite noting the employee demonstrated he could perform his job remotely.

By Ryan Golden • Nov. 21, 2022

Krispy Kreme pays $1M to settle claims of ‘systemic’ overtime violations

The doughnut chain failed to include monthly bonuses in some workers’ regular rates of pay, DOL said.

By Emilie Shumway • Nov. 18, 2022

EEOC’s failure to monitor length of intake may shut out potential charges, government watchdog finds

The intake process varies from as short as 11 days to as long as 111 days, according to the report.

By Laurel Kalser • Nov. 17, 2022

NYC proposes $23.82 hourly delivery worker wage by 2025

A proposed app-based delivery worker wage would initially rise to $17.87 in January from a reported hourly average of $7.09, excluding tips.

By Aneurin Canham-Clyne • Nov. 17, 2022

Congress passes bill voiding NDAs in cases of sexual assault, harassment; Biden expected to sign

The Speak Out Act would allow those who have experienced sexual assault or sexual harassment in the workplace — and who have signed NDAs — to talk about their experiences.

By Emilie Shumway • Nov. 16, 2022

EEOC’s Dhillon resigns, ending commission’s Republican majority

The Senate has yet to confirm the former chair’s replacement, Biden administration nominee Kalpana Kotagal.

By Ryan Golden • Nov. 15, 2022

Employers have ‘flexibility fatigue.’ But that could put them on the wrong side of the ADA.

Managers, executives and even employees may tire of remote and hybrid work, but flexibility has been a boon for some workers with disabilities.

By Ryan Golden • Nov. 15, 2022

Why everyone is talking about transparency right now

Thanks to state legislation, potential federal regulation and employee pressure, “transparency” is this season’s watchword.

By Kathryn Moody • Nov. 15, 2022

One employment attorney’s advice: ‘When in doubt, pay your employees’

Employers might try to cut corners when an employee disregards timekeeping rules. They do so at their own risk, David Kalteux of FordHarrison warned.

By Emilie Shumway • Nov. 14, 2022

Depression, concussion didn’t render Spotify worker incapable of signing separation agreement, 2nd Cir. says

Two courts agreed that the FMLA waiver was not “a clear attempt to capitalize on [her] mental state,” as the lawsuit claimed.

By Kate Tornone • Nov. 11, 2022

Marijuana legislation still troubles talent strategy

Right now, regardless of industry, HR managers are grappling with adult use of recreational cannabis — and whether monitoring off-the-clock use and taking punitive action is worth their time.

By Caroline Colvin • Nov. 11, 2022

In a critical year for labor unions, NLRB faces ‘worst case scenario’

Years of stagnant funding could leave the board with a “looming financial crisis,” Chair Lauren McFerran said Thursday during an American Bar Association conference.

By Ryan Golden • Nov. 11, 2022

United settles suit involving Buddhist pilot who sought AA meeting alternative

The employer agreed to pay $305,000 in damages and allow the pilot to attend a different recovery program.

By Ginger Christ • Nov. 10, 2022

Midterms result in marijuana, minimum wage and right-to-work changes

While most eyes focused on congressional and gubernatorial races, a number of state and local ballot initiatives touched upon hot-button workplace issues.

By Ryan Golden • Nov. 9, 2022

Repeat violations, millions in penalties land Dollar General in OSHA’s severe violator program

There are several reasons employers don’t want to be on the SVEP list.

By Laurel Kalser • Nov. 9, 2022

Healthcare facility fired employee because of her anxiety disorder, jury finds

The worker requested intermittent FMLA leave but wasn’t eligible, EEOC said, and the employer made no attempt to find an alternative accommodation.

By Emilie Shumway • Nov. 8, 2022

Ex-Apple employee pleads guilty to defrauding company of $17M

Occupational fraud is one of the world’s most common forms of financial crime, according to the Association of Certified Fraud Examiners.

By Ryan Golden • Nov. 7, 2022

Court declines to block investigation into university’s alleged LGBTQ discrimination

Washington’s attorney general said he had reason to believe Seattle Pacific University permits or requires discrimination, including by prohibiting same-sex marriage and activity.

By Kate Tornone • Nov. 7, 2022

Overtime rule heads into OT: DOL misses October goal for salary threshold update

The agency is still developing its proposal after a series of listening sessions earlier this year, a spokesperson told HR Dive Thursday.

By Ryan Golden • Nov. 7, 2022

2022 year-end HR compliance checklist

When thinking about updating your HR policies, an HR compliance checklist is a great way to help make sure your bases are covered. 

Nov. 7, 2022

Twitter workers file WARN Act lawsuit challenging mass layoffs

The company reportedly moved to provide severance in the wake of the action, potentially fulfilling the penalty for any noncompliance.

By Kate Tornone • Nov. 4, 2022

The Giant Co. settles DOJ claim that it required non-U.S. citizen workers to show green cards

The employer required specific documentation and rejected other valid forms of ID, the agency alleged.

By Emilie Shumway • Nov. 4, 2022

How to address mental health issues in compliance with FMLA, ADA

During the past few years, work scenarios have changed, particularly with regard to mental health issues, employment attorneys told attendees at a recent Florida Bar conference.

By Laurel Kalser • Nov. 3, 2022

Will pay transparency laws have unintended consequences?

New York City’s law, which went into effect Tuesday, has already created concerns for employers, according to speakers at a Cornell University panel.

By Ryan Golden • Nov. 3, 2022