Legal
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House advances bill requiring accommodations for pregnant workers
If passed in both houses, the PWFA would be a major update to federal protections for pregnant employees and job applicants.
By Ryan Golden • Jan. 17, 2020 -
Could college athletes win labor rights in a matter of years?
Players are compensated only with a scholarship and, for some, a cost-of-living stipend. But that may be changing, with California leading the charge.
By Aman Kidwai • Jan. 17, 2020 -
5th Cir.: Salaried pay does not itself establish overtime exemption
An employee must demonstrate several factors to be exempt from overtime pay under the Fair Labor Standards Act.
By Jennifer Carsen • Jan. 17, 2020 -
Philadelphia calls out alleged labor law 'bad actors'
The "shaming" approach is a creative, low-cost enforcement technique, experts told HR Dive.
By Ryan Golden • Jan. 17, 2020 -
Police officer with PTSD couldn't perform job's essential functions, 5th Cir. says
An employee who cannot perform the essential functions of a job, either with or without a reasonable accommodation, generally cannot invoke the ADA's protections.
By Lisa Burden • Jan. 16, 2020 -
Employees earned record number of class certifications in 2019
While agency guidance and Supreme Court rulings have favored employers lately, companies still face litigation troubles.
By Jennifer Carsen • Jan. 16, 2020 -
CNN to pay $76M to settle back pay dispute
The network's payout is both the largest monetary remedy in NLRB history and a reminder of employers' obligations toward outgoing unions.
By Ryan Golden • Jan. 15, 2020 -
Execs allege race discrimination at McDonald's
The plaintiffs alleged the company "purged" black executives, getting rid of 30 black officers and demoting five in recent years.
By Lisa Burden • Jan. 15, 2020 -
Wayfair employee alleges HR ignored sexual harassment complaints
The plaintiff said her employer concluded that no harassment had taken place, based on the supervisor's denials.
By Jennifer Carsen • Jan. 15, 2020 -
Jackson National Life pays $20.5M to settle race, sex discrimination suit
Black employees were referred to as "lazy" and black women were called "resident street walkers" by a high-level manager, EEOC alleged.
By Sheryl Estrada • Jan. 14, 2020 -
School district's response to sexual harassment complaint was reasonable, court says
The alleged harasser was put on administrative leave and later fired, as well, the court said.
By Lisa Burden • Jan. 14, 2020 -
NYPD failed to accommodate workers who nurse, moms say
Federal law may protect the rights of nursing mothers, but employers often fall short in terms of both legal requirements and best practices.
By Jennifer Carsen • Jan. 14, 2020 -
Deep Dive10 trends that will shape HR in 2020
The evolution of technology, employment law and the way work gets done will shape the new year, according to experts who spoke to HR Dive.
By Katie Clarey , Ryan Golden • Jan. 13, 2020 -
DOL letter 'expansively' broadens employers' ability to alter salaries
Project payments can sometimes satisfy the FLSA's salary-basis requirement for overtime exemption, the agency said in an opinion letter.
By Jennifer Carsen • Jan. 13, 2020 -
11th Cir.: Psych ward worker fired for violating conduct rule, not race bias
The employee said a white co-worker choked a patient and escaped discipline, but he failed to recall "the date, time, or exact circumstances" of the incident.
By Lisa Burden • Jan. 13, 2020 -
DOL finalizes FLSA joint employer rule, limiting business liability
Employer advocates had a mixed reaction to the final rule, though generally agreed that the update will assist with compliance.
By Ryan Golden • UPDATED: Jan. 13, 2020 at 2:41 p.m. -
DOL updates guidance on bonus, overtime calculations
The announcement came in the footnote of an opinion letter discussing an employer's nondiscretionary $3,000 training bonus.
By Jennifer Carsen , Kate Tornone • Jan. 10, 2020 -
California gig workers seek ballot measure for AB-5 exemption
The group — backed by Uber, Lyft and DoorDash — says it wants to protect workers' ability to work as independent contractors.
By Valerie Bolden-Barrett • Jan. 10, 2020 -
Are employers overlooking the overtime rule?
Many businesses owners "purchase flood insurance after the flood," attorney Eric B. Meyer told HR Dive.
By Ryan Golden • Jan. 10, 2020 -
California state court rules AB-5 doesn't apply to trucking
The defense argued the legislation, which was passed into law last year, is preempted by federal regulations.
By Matt Leonard • Jan. 10, 2020 -
Dispensary worker alleges manager 'routinely regaled' her with sexual remarks, touching
The manager also referred to women in pejorative terms; he introduced one woman in meetings, for example, as his "lap dog," the complaint says.
By Lisa Burden • Jan. 09, 2020 -
Walmart owes drivers $54.6M for layover, break time, 9th Cir. says
The drivers filed a class-action suit seeking back pay for time spent in layover, on break or in inspections.
By Matt Leonard • Jan. 09, 2020 -
ColumnBack to Basics: The NLRA isn't just for unionized employers
"Generally, unhappiness will motivate workers to unionize," one expert told HR Dive. "You should know what those issues are."
By Katie Clarey • Jan. 08, 2020 -
EEOC continued 'aggressive litigation' under Trump — but changes may be on the horizon
The agency hasn't been "firing on all cylinders," according to a Seyfarth Shaw report, but new appointees are now settled in.
By Jennifer Carsen • Jan. 08, 2020 -
Court revives 52-year-old Home Depot manager's constructive discharge claim
Ageism at work is widespread and viewed as the "last acceptable bias," according to a recent investigation by AARP.
By Lisa Burden , Katie Clarey • Jan. 08, 2020
