Compliance
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Michigan’s ‘right-to-work’ repeal to bring employers, unions to the bargaining table
Unions likely will want to add security clauses to their contracts, lawyers say.
By Ginger Christ • March 28, 2023 -
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‘Cracking open a cold one on Skype just isn’t the same’: Molson Coors defeats sales rep’s accommodation claim
The employer was free to deem travel an essential function of his job as part of building rapport with key clients, the D.C. Circuit Court said.
By Kate Tornone • March 28, 2023 -
Explore the Trendline➔
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TrendlineThe comprehensive list of HR trends to watch in 2023
Pay transparency, employee privacy, compassionate leadership and political biases are among this year’s hot debates, according to labor experts.
By HR Dive staff -
Jury rejects DOJ claim, finds employers not guilty in criminal no-poach case
The agency claimed four home healthcare providers colluded to restrict worker mobility in the early days of the COVID-19 pandemic.
By Kate Tornone • March 27, 2023 -
Ryan Golden/HR Dive
EEOC sues Otis Elevator Co. for refusing to accommodate worker with ADHD, autism
A worker was not permitted to return from unpaid leave for months after filing an accommodation request, the EEOC said.
By Ginger Christ • March 24, 2023 -
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DOL: Bimbo Bakeries cannot countersue workers seeking overtime pay
FLSA legal precedent prohibits employers from filing countersuits against workers, DOL told a federal judge.
By Emilie Shumway • March 24, 2023 -
"1099 14th Street – National Labor Relations Board" by Geraldshields11 is licensed under CC BY-SA 3.0
NLRB says old severance agreements with nondisclosure clauses are void
The agency doubled down on its recent position, and said the interpretation applies retroactively.
By Caroline Colvin • March 23, 2023 -
Kate Tornone/HR Dive
EEOC raises fine for notice-posting violations to $659
Employers must place notices where workers will see them — often at a physical location, online or both, according to the agency.
By Kate Tornone • March 22, 2023 -
Daphne Howland/HR Dive
Court declines to dismiss lawsuit seeking pay for pre-shift COVID screening at Victoria’s Secret
Employers in non-healthcare industries appear to be prevailing on such claims, but applicable California law could mean a different outcome.
By Laurel Kalser • March 22, 2023 -
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Column‘The law is working exactly how it’s intended’: Pay transparency injects new awkwardness into the workplace
When a UX writer saw her role at her company advertised on LinkedIn — at a pay rate of up to $90,000 more — she applied.
By Emilie Shumway • March 21, 2023 -
Ryan Golden/HR Dive
In EEOC settlement, job board agrees to use AI to look for bias
The announcement was a rare note of support from the agency, which has cautioned employers about the tech’s use in recent years.
By Kate Tornone • March 21, 2023 -
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Supreme Court declines to hear former Proctor & Gamble employee’s gender bias case
The circuit court ruled the employee didn’t show the company’s reasons for firing her were pretextual.
By Ginger Christ • March 20, 2023 -
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OpinionRethinking workplace misconduct in a changing compliance landscape
Four members of Miller & Chevalier's Workplace Culture and Conduct practice laid out seven guiding principles.
By Alejandra Montenegro Almonte, Ann Sultan, Nicole Gökçebay and Alexandra Beaulieu • March 20, 2023 -
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OSHA: Dallas church must reinstate worker fired for complaining of rats, insects
The agency also ordered the employer to pay the worker more than $11,000 in back pay and $20,000 in damages.
By Emilie Shumway • March 20, 2023 -
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FTC strikes again on noncompetes
The Federal Trade Commission continues to challenge companies’ use of the agreements as unfair practices under Section 5 of the FTC Act.
By Robert Freedman • March 20, 2023 -
Caroline Colvin/HR Dive
Jury can ‘watch the watchmen,’ hear claim EEOC underpaid Black woman
The commission typically handles workplace bias claims but is uniquely not in a position to do so in this case, a judge said.
By Ginger Christ • March 17, 2023 -
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Papa Johns fired worker with vision disability who needed service dog, EEOC alleges
Misconceptions still linger about service animals, including their risk to health and safety, EEOC says.
By Emilie Shumway • March 16, 2023 -
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Biden’s 2024 budget proposal bolsters OSHA funding by 17%
The plan would increase the agency’s number of full-time positions, but it still has a hard time filling jobs.
By Zachary Phillips • March 16, 2023 -
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Eli Lilly cannot exclude DEI proposal requested by shareholders from proxy statement, SEC says
The request “transcends ordinary business matters because it raises human capital management issues with a broad societal impact,” the SEC said.
By Emilie Shumway • March 15, 2023 -
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FLSA permits employers to dock PTO for productivity shortfalls, 3rd Cir. says
Such deductions don’t run afoul of the law because they don’t reduce workers’ salaries, the appeals court said Wednesday.
By Kate Tornone • March 15, 2023 -
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Biden’s budget features affordable child care, 12 weeks paid leave
While the $6.8T budget proposal has been called “dead on arrival,” it shows the administration’s priorities for working families.
By Emilie Shumway • March 14, 2023 -
Daphne Howland/HR Dive
9th Cir.: Target should have included shift differential in calculating California employee’s final pay
But because California courts haven’t been clear on the law, Target acted on a good faith belief of what was required, the court noted.
By Laurel Kalser • March 14, 2023 -
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Long COVID-19: Don’t ‘get bogged down in determining a disability’
The most important tip is not to use a one-size-fits-all approach for the needs of workers with long COVID, Job Accommodation Network panelists said.
By Ginger Christ • March 13, 2023 -
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7-Eleven settles lawsuit over missed meal periods for $1.2M
Court documents claim the retailer scheduled employees to work understaffed shifts during which there was no opportunity for food breaks, and “willfully and intentionally withheld wages.”
By Brett Dworski • March 13, 2023 -
Retrieved from Brett Jordan from Pexels.
Etsy, Patreon urge Congress to include microbusinesses in paid leave talks
The ability to offer paid leave is essential for small businesses to compete with larger ones, but microbusinesses and the self-employed should have a seat at the table, the group said.
By Emilie Shumway • March 10, 2023 -
Kate Tornone/HR Dive
DOL: Florida restaurants withheld $190K from workers to cover operating costs
Investigators in the agency’s Wage and Hour Division recovered more than $27 million for 22,531 food service workers during fiscal year 2022.
By Ginger Christ • March 10, 2023
