Compliance


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    FMLA allows leave for mental health treatment, DOL reminds employers

    In acknowledgment of Mental Health Awareness Month, the agency released new guidance to help workers and employers navigate FMLA use and mental health.

    By May 27, 2022
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    DOL urges employers to prioritize safety for young, summer hires

    FLSA regulations prohibit employers from allowing young workers to perform certain tasks and work certain hours.

    By May 26, 2022
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    Trendline

    The HR Dive Outlook on 2022

    The year will demand employers focus on equity, total rewards and flexibility, and HR pros are the ones for the job.

    By HR Dive staff
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    AT&T manager's refusal to promote 'tenured' employees didn't prove age bias

    The case came down, in part, to the semantics of "tenured."

    By Laurel Kalser • May 25, 2022
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    Subway shop's $30K settlement highlights duty to accommodate autism

    The EEOC alleged the franchisee failed to provide requested accommodations for a new hire with autism and then fired him after four shifts.

    By Laurel Kalser • May 24, 2022
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    Supreme Court rejects arbitration waiver rules in Taco Bell franchisee overtime suit

    But Associate Justice Elena Kagan made clear that the high court only answered some of the questions raised in the case of an arbitration dispute.

    By May 23, 2022
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    How health information privacy laws apply when reopening the workplace

    Employers "may not have done the most careful job" of collecting and storing COVID-19-related health information, one attorney told HR Dive.

    By May 23, 2022
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    3rd Cir.: DuPont correctly suspected FMLA abuse, didn't retaliate in firing employee

    DuPont discovered behavior inconsistent with the employee's leave upon surveillance, the 3rd Circuit said.

    By Laurel Kalser • May 19, 2022
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    5 timekeeping tips from a former WHD administrator

    Employers can't eliminate the risk of litigation surrounding timekeeping, but they can minimize it with a few steps.

    By May 19, 2022
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    Citing $1.2 trillion infrastructure act, EEOC probes racism, sexism in construction

    Hateful episodes on jobsites draw feds' attention as IIJA money works its way to states.

    By Joe Bousquin • May 18, 2022
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    Deep Dive

    The Stop WOKE Act may put a 'strategic pause' on DEI efforts

    If the controversial legislation goes into effect as written, it will dampen and in some instances end employer efforts to foster growth.

    By May 17, 2022
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    Amazon's unpaid time off practices violate USERRA, class-action suit claims

    Amazon allegedly counted unpaid time off against employees in the U.S. armed services or National Guard when they took military leave — and then fired them when they ran out of that time.

    By Laurel Kalser • May 17, 2022
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    Photo Illustration: Shaun Lucas/Industry Dive; Ivan Haidutski/Stocksy

    Column

    Birthday party panic: On managing anxiety in the workplace

    In a story that went viral, an employer recently learned an expensive lesson after allegedly ignoring a worker's anxiety disorder.

    By May 16, 2022
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    How to prepare for automated hiring tool bias laws

    The use of AI to sift through resumes or assess performance could expose organizations to notification and audit requirements, starting in New York City. 

    By Robert Freedman • May 13, 2022
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    Photo Illustration: Shaun Lucas/Industry Dive; Getty Images

    Tracker

    A running list of states and localities that require employers to disclose pay or pay ranges

    A new front has emerged in state and local governments' attempts to address pay inequity.

    May 13, 2022
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    DOJ, EEOC 'sounding alarm' on how AI, related tools can violate ADA

    In particular, EEOC highlighted three of the "most common" ways algorithmic decision-making tools may violate the Americans with Disabilities Act.

    By Updated May 12, 2022
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    SCOTUS to hear overtime case involving worker who earned $200K a year

    The case involves a circuit split over whether employers may exempt certain highly paid employees from overtime.

    By May 12, 2022
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    LinkedIn's $1.8M agreement with DOL settles charges of gender pay bias

    After accounting for legitimate factors, a routine investigation by the OFCCP determined that the women were paid at a "statistically significant lower rate" than their male counterparts. LinkedIn disagreed.

    By Laurel Kalser • May 11, 2022
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    'Fortnite' maker denies it unfairly passed on hiring ex-Apple, Blizzard engineer

    The applicant's past organizing activities, including at former employer Apple, did not factor into Epic Games' decision, a spokesperson for the developer told HR Dive.

    By May 10, 2022
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    Employer settles DOL claim it filled jobs by word of mouth, resulting in race disparities

    New York-based Rockland Bakery will pay $850,000 to resolve the charges, the agency said.

    By Laurel Kalser • May 9, 2022
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    Photo by Karolina Grabowska from Pexels

    An ADA specialist answers 4 burning COVID-19 questions

    Tracie DeFreitas, a Job Accommodation Network principal consultant, shares practical ways to address complex COVID-19-related ADA accommodation dilemmas.

    By May 9, 2022
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    Appointment of women to Fortune 500 boards hits record high

    Boards have made strides toward greater diversity but still do not sufficiently represent some racial and ethnic groups, Heidrick & Struggles said.

    By Jim Tyson • May 6, 2022
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    Eden Foods exec told HR rep 'all these girls want me,' EEOC alleges

    The owner and president of the Michigan-based organic foods company is being accused of "repeated sexual harassment" of female employees.

    By May 6, 2022
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    Court won't revive bias claim of worker allegedly told to 'act a little more masculine'

    Despite the comment allegation, the employee failed to show he suffered any adverse employment action, the 6th Circuit concluded.

    By Laurel Kalser • May 3, 2022
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    Mailbag: Does the FMLA apply to fully remote companies?

    To be eligible for FMLA leave, an employee must work at a location where the employer has at least 50 employees within 75 miles. But what if the employer has no location?

    By May 3, 2022
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    Employer's refusal to reinstate worker after 12-month leave ends in $315K settlement

    The employee was "ready, willing and able" to return to work, a judge previously noted.

    By April 29, 2022