Legal
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Senate DOL funding proposal ignores White House cuts
Proposed increases for the Wage and Hour Division, in particular, wouldn't drastically impact enforcement efforts, one former DOL official told HR Dive.
By Ryan Golden • Sept. 20, 2019 -
Google worker says manager drove him out: 'Tell grandpa to pick up the pace'
The suit comes just weeks after Google settled a class action for $11 million after 227 plaintiffs alleged systemic age discrimination.
By Jennifer Carsen • Sept. 20, 2019 -
11th Cir.: ADA does not cover the potential to contract Ebola
The court ruled that "regarded as" protection does not extend to prohibiting bias on the basis of a theoretical future disability.
By Jennifer Carsen • Sept. 20, 2019 -
100% healed policies continue to land employers in hot water
An Alabama-based beverage distributor violated the ADA when it refused to return a man to work without a full medical release, the EEOC said.
By Lisa Burden • Sept. 18, 2019 -
CorePower Yoga pays $1.5M to settle wage and hour class-action suit
Under the federal Fair Labor Standards Act, nonexempt workers must be paid for all time worked, but the law is murkier for certain activities.
By Jennifer Carsen • Sept. 18, 2019 -
'This is not a lady's job yet': EEOC sues dealership for denying woman sales job
The employer had purchased an existing dealership and hired on all its salespeople except the woman, who had successful records and an award for customer service.
By Lisa Burden • Sept. 17, 2019 -
Uber drivers allege misclassification as California expands protections
Given the high stakes involved in such lawsuits, employers may want to review their classification procedures.
By Jennifer Carsen • Sept. 17, 2019 -
Cintas pays $424K after allegedly refusing to hire men
The allegations carry an important reminder about "reverse" discrimination.
By Jennifer Carsen • Sept. 17, 2019 -
DOL again warns employers not to delay FMLA designation
There is no exception to the FMLA's designation requirement for employees who prefer to decline the law's protections, the agency said in an opinion letter.
By Kate Tornone • Sept. 16, 2019 -
New York City sues Chipotle, alleges labor law violations
Wage and hour issues, like those alleged in the lawsuit, are common and can be problematic as they tend to affect large numbers of workers.
By Jennifer Carsen • Sept. 13, 2019 -
EEOC won't renew pay data collection after current cycle
The notice will not affect the EEOC's collection of 2017 and 2018 Component 2 data that certain employers must submit by Sept. 30.
By Ryan Golden • Sept. 13, 2019 -
EEOC: Union Pacific ignored doctor's opinion of worker recovered from tumor
Employers violate the ADA if they claim an employee with medical restrictions poses a safety risk but cannot show a "direct threat," EEOC has said.
By Lisa Burden • Sept. 13, 2019 -
City didn't discriminate, but retaliated for bias complaint, says 11th Cir.
The ruling shows that the definition of "protected activity" encompasses more than formal lawsuits.
By Jennifer Carsen • Sept. 12, 2019 -
Medical center fired whistleblower who was told to hire millennials, EEOC says
After the worker reported the alleged age bias to the center's officials, the EEOC said his job as supervisor of the IT help desk was eliminated in a reorganization.
By Lisa Burden • Sept. 12, 2019 -
Lyft sexual assault suit alleges inadequate background checks, investigations
Employers that hire true independent contractors generally aren't liable for the negligent acts of contractors, an attorney told HR Dive, but there are excptions.
By Ryan Golden • Sept. 12, 2019 -
California governor signs bill codifying 'ABC' classification test
The bill, AB-5, is a major piece of legislation that puts into practice a classification test that assumes workers are employees.
By Ryan Golden • UPDATED: Sept. 20, 2019 at 8:25 a.m. -
Club to pay $4.5M after exerting 'overwhelming control' over dancers it called independent
Misclassifying employees as independent contractors, whether deliberately or inadvertently, can be a costly mistake for employers.
By Jennifer Carsen • Sept. 11, 2019 -
Professor: Diversity policies fall short due to conflicting goals, lack of management
Organizations investing time, effort and resources into diversity and inclusion initiatives should be prepared to measure the outcomes of their strategies.
By Valerie Bolden-Barrett • Sept. 10, 2019 -
Manufacturer to pay $1M for terminating workers who participated in OSHA investigation
The court's punitive damages award is the largest ever assessed under Section 11(c) of the OSH Act, according to the U.S. Department of Labor.
By Jennifer Carsen • Sept. 10, 2019 -
EEOC: Orthopedics office hired women over more qualified men
Although there is a bona fide occupational qualification exception for gender, the EEOC has said that the exception should be interpreted narrowly.
By Lisa Burden • Sept. 10, 2019 -
New Mexico county follows Maine in mandating PTO for any use
A patchwork of state and local paid leave laws has proliferated in the absence of a unified federal law mandating paid time off.
By Jennifer Carsen • Sept. 09, 2019 -
USCIS proposes $10 fee per registration for H-1B visa applications
Employers already deal with headaches regarding the H-1B process, but the high demand for skilled foreign workers is unlikely to change in a tight labor market.
By Valerie Bolden-Barrett • Sept. 06, 2019 -
7th Cir. allows Hispanic and Latino Ford applicants' disparate impact claims to proceed
The applicants alleged interference with their job applications and a disparate impact caused by Ford's pre-employment basic skills test.
By Jennifer Carsen • Sept. 06, 2019 -
EEOC sues packing company for paying female exec $18K less than male peer
When the female employee asked for a raise to eliminate the gap, the company allegedly refused.
By Lisa Burden • Sept. 06, 2019 -
Employer with alleged policy to fire pregnant women settles for $200K
According to the EEOC, the company told female employees to sign a policy stating their employment would end at the fifth month of pregnancy.
By Jennifer Carsen • Sept. 05, 2019
