Legal
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DOL updates FLSA regular rate rule
The rule defines when certain benefits may be excluded from overtime calculations and will take effect Jan. 12, 2020.
By Ryan Golden • Dec. 12, 2019 -
Court OKs hospital's rescinded job offer for worker being treated with oxycodone, fentanyl
The employer was entitled to rely on a doctor's conclusion that the medications could interfere with her "mental acuity," the 10th Circuit said.
By Lisa Burden • Dec. 11, 2019 -
FMLA didn't protect worker who made threats while on leave
Employers that dole out legitimate discipline — and document it well — often are in a good position to defend actions taken during protected leave.
By Jennifer Carsen • Dec. 11, 2019 -
Attorneys general urge DOL to drop fluctuating workweek proposal
Use of the fluctuating workweek method isn't widespread, but DOL estimated that more than 700,000 workers meet criteria that would allow them to be compensated in that way.
By Jennifer Carsen • Dec. 11, 2019 -
Texas firefighter alleges sexual harassment swept 'under the rug' forced her retirement
The plaintiff alleged "ongoing sexual harassment," which included being slapped on the buttocks by a co-worker in front of her 8-year-old daughter.
By Lisa Burden • Dec. 09, 2019 -
Chipotle settles EEOC suit alleging worker was locked in freezer after reporting harassment
The Commission noted that, like this charge, roughly 16% of sexual harassment charges filed with the agency are brought by male workers.
By Lisa Burden • Dec. 06, 2019 -
AAUW: Sexual harassment impairs women's health, earnings and job choices
The persistent issue threatens to impede women's progress at work.
By Valerie Bolden-Barrett • Dec. 05, 2019 -
Warren-backed bill would expand FMLA, pay protections for part-time employees
The announcement, which comes at the height of the holiday shopping season, would address several issues of particular concern to seasonal workers.
By Ryan Golden • Dec. 04, 2019 -
79-year-old Delta flight attendant with 'outstanding' record alleges age discrimination
The allegations show that HR can play an important role in creating and maintaining an inclusive culture.
By Jennifer Carsen • Dec. 04, 2019 -
Target manager didn't frame employee for drug possession, 2nd Cir. concludes
When an employee engages in misconduct shortly after a protected activity, managers may be concerned about discipline. But consistent policy enforcement can prevent future claims.
By Jennifer Carsen , Katie Clarey • Dec. 04, 2019 -
On the Border settles race claim for $100K and a letter from its chief people officer
EEOC alleged the employer failed to act when employees at the restaurant repeatedly subjected a co-worker to racial slurs.
By Lisa Burden • Dec. 03, 2019 -
'Food demonstrators' denied seats get $2.6M ADA settlement
EEOC takes the position that a policy modification can be a reasonable accommodation.
By Lisa Burden • Dec. 03, 2019 -
Worker whose disability caused an accident has no ADA claim, 5th Cir. says
The ruling illustrates that employers remain free to take adverse employment actions for legitimate, nondiscriminatory reasons.
By Lisa Burden • Nov. 27, 2019 -
Deep DiveDon't just add 'other': How to make employment forms inclusive
Many companies have inadvertent gaps in their D&I efforts — particularly when it comes to gender non-conforming applicants and employees.
By Jennifer Carsen • Nov. 27, 2019 -
Firefighter's termination stemmed from alleged fraud, not bias, court says
Protected activity such as a safety or harassment complaint doesn't insulate employees from separate discipline, a recent ruling demonstrates.
By Lisa Burden • Nov. 26, 2019 -
NY racetrack employers pay $1M to resolve wage, visa claims
The state's enforcement action is one of several similar moves the industry has faced in recent months.
By Lisa Burden • Nov. 25, 2019 -
McDonald's settles California wage suit for $26M
The agreement ends seven years of litigation over alleged wage and hour violations at corporate stores.
By Julie Littman • Nov. 25, 2019 -
Demotion can be a reasonable ADA accommodation, 7th Cir. says
The court said a demotion may be acceptable when there are no vacant equivalent positions.
By Jennifer Carsen • Nov. 25, 2019 -
'Like a bad breakup': HR vendors are dumping cannabis clients
Two cannabis industry employers told HR Dive they suddenly were dropped by HR services vendors. Those familiar with the industry say it happens a lot.
By Ryan Golden • Nov. 25, 2019 -
Workers sue McDonald's over workplace violence
The lawsuit alleges that the company's new design fails to minimize the threat of violence, and that the chain doesn't adequately train staff to handle conflicts.
By Alicia Kelso • Nov. 25, 2019 -
Lawsuit: California's 'woman quota' for company boards is illegal
The complaint was filed by a male shareholder of a company with headquarters in California and a seven-member board.
By Jennifer Carsen • Nov. 21, 2019 -
9th Cir.: Insubordination, not disability, led to worker's firing
Employers often are able to defend bias claims when they can appropriately justify an adverse employment action.
By Lisa Burden • Nov. 21, 2019 -
EEOC witnesses call for 'balance' amid pay data uncertainty
Testimonies conflicted at a hearing Wednesday, leading to mixed conclusions as to how the agency should proceed in enforcing pay equity.
By Ryan Golden • Nov. 21, 2019 -
Subcontractor on Apple Park campus ignored racist graffiti, EEOC alleges
Air Systems Inc. has refuted the allegations that focus on the tech giant's second campus project.
By Jenn Goodman • Nov. 21, 2019 -
Is your code of conduct up to code?
Without codes of conduct, organizations encourage maleficence, increase their risk of liability and jeopardize their brand.
By Valerie Bolden-Barrett • Nov. 21, 2019
