Legal
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Inability to obtain certification rendered police officer unqualified under the ADA, 11th Cir. says
Courts often give deference to employers' determinations regarding essential functions, so up-to-date, written job descriptions are key.
By Lisa Burden • Oct. 15, 2019 -
11th Cir.: Employee whose sales accounts were transferred did not experience FMLA retaliation
The employee's allegations highlight an important lesson for employers: Employees in similar circumstances should generally be treated comparably.
By Jennifer Carsen • Oct. 15, 2019 -
Domino's franchisee delivers $800K settlement in drivers' underpayment suit
The settlement highlights a number of concerns — including tip credits and uniform deductions — that employers should note.
By Jennifer Carsen • Oct. 15, 2019 -
11th Cir.: Panel 'overwhelmingly preferred' fire chief candidate for experience, not race
The city of Americus, Georgia, showed it chose the other candidate based on education, training, experience and interview performance.
By Lisa Burden • Oct. 14, 2019 -
28% of California public companies still need female board members to comply with new law
The law, which has sparked similar attempts in other states, may place "constrained optimization" on some companies, one researcher told HR Dive.
By Ryan Golden • Oct. 14, 2019 -
EEOC: Pediatric group fired worker whose religion prohibited her from attending holiday party
When the employee asked to be excused from attending the holiday party, the practice owner fired the worker "on the spot" via text message, EEOC said.
By Lisa Burden • Oct. 11, 2019 -
Model's rigid schedule may have made her an employee, says 2nd Cir.
Courts and agencies use various tests to determine a worker's classification, but they all ultimately turn on how much control an employer exerts.
By Jennifer Carsen • Oct. 11, 2019 -
Workers with mental health disorders experience the most discrimination
HR may be able to show support to workers by initiating well-being programs, but they'll need C-suite buy-in to see success.
By Valerie Bolden-Barrett • Oct. 11, 2019 -
Employee had 'unequivocal' notice of arbitration agreement, 5th Cir. rules
The employer provided notice in a mailed brochure, on its internal website and in posters throughout the workplace, among other things.
By Jennifer Carsen • Oct. 11, 2019 -
8th Cir.: Dollar General worker didn't need 'magic words' to ask for ADA accommodation
A supervisor allegedly told the worker she could remain employed only if she "could do the job and not be sick all the time."
By Lisa Burden • Oct. 10, 2019 -
EEOC: Walmart refused to allow applicant with disability to take physical assessment
"This case is a clear example of an employer jumping to conclusions based on an applicant's obvious disability," an EEOC regional attorney said.
By Lisa Burden • Oct. 09, 2019 -
Court OKs Waste Pro garbage collectors' overtime, joint employment suit
The order could allow a jury to decide whether Waste Pro USA was a joint employer along with Waste Pro of Florida, Inc., and therefore liable for the alleged violations.
By Jennifer Carsen • Oct. 09, 2019 -
At SCOTUS, future of LGBTQ worker rights may hinge on a single word
Regardless of how the court rules, it won't necessarily change employer practices, attorneys told HR Dive.
By Ryan Golden , Katie Clarey • Oct. 09, 2019 -
5 weeks of additional leave may be an ADA reasonable accommodation, 9th Circuit says
Employers don't need to allow "indefinite" leave, but requests with an end date require an individual analysis.
By Lisa Burden • Oct. 08, 2019 -
DOL takes a second swing at tip credit, pooling regs
The proposal would allow employers who do not take a tip credit against the minimum wage to operate a tip pool that includes employees who don't traditionally receive tips.
By Kate Tornone • Oct. 07, 2019 -
Houston proved it rejected applicant for lack of qualification, not race, court says
As this case illustrates, documentation can make or break an employer's defense in a lawsuit.
By Lisa Burden • Oct. 07, 2019 -
New OSHA weighting system could lead to more inspections
The process, rolled out this week, could put increased emphasis on the Fatal Four, a former DOL official said.
By Kim Slowey • Oct. 07, 2019 -
Employment agreements can't shorten workers' windows for bias suits, 6th Circuit says
"Any alterations to the statutory limitation period ... remov[e] the incentive of employers to cooperate with the EEOC," the court said.
By Jennifer Carsen • Oct. 04, 2019 -
Worker alleges Taco Bell fired him for refusing to lie his way out of jury duty
An exception to the "employment at will" doctrine protects employees who refuse to participate in an illegal act, court documents noted.
By Lisa Burden • Oct. 04, 2019 -
EEOC sues rehab clinic for denying pregnant woman leave it had previously granted others
Compliance training on state and federal legal requirements for pregnant workers can prevent worker requests from turning into legal actions.
By Lisa Burden • Oct. 04, 2019 -
New York Jets player sues NFL for disability discrimination
Employees and employers often arrive at an agreeable accommodation, but one misinformed manager can cause trouble, experts have said.
By Jennifer Carsen • Oct. 03, 2019 -
9th Cir.: McDonald's not a joint employer under California law
While the case dealt with state law, it's nonetheless good news for employers concerned about joint employer liability — an issue that remains in flux.
By Jennifer Carsen • Oct. 02, 2019 -
BofA, Dell, Goldman Sachs to pay $20M to settle DOL discrimination claims
The agreements indicate the department is committed to enforcement of anti-discrimination laws despite pro-employer shifts in recent years.
By Ryan Golden • Oct. 02, 2019 -
Logic Staffing pays $170K to settle claim that it refused to hire deaf candidates
EEOC said its lawsuit was the third legal action filed in the region in 2018 that alleged an employer refused to hire people who are deaf.
By Lisa Burden • Oct. 02, 2019 -
74 employers have used DOL's new self-reporting program, paying out $4M
The Wage and Hour Division holds out the PAID program as a success, but is it a good deal for employers?
By Jennifer Carsen • Oct. 01, 2019
