Compliance: Page 102
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Judge denies McDonald's motion to dismiss $500M sexual harassment suit
The judge has also denied McDonald's motion to strike the suit's class allegations.
By Sheryl Estrada • Updated July 21, 2021 -
7th Cir. upholds jury award for Hispanic worker subjected to harsher discipline
There was evidence the employer's HR manager "had little use for [the plaintiff]'s side of the story," the court said.
By Jennifer Carsen • April 14, 2020 -
Mailbag: How do I land a small business exemption from the coronavirus paid leave law?
HR Dive's mailbag series provides guidance on a common question about the FFCRA, which is causing affordability concerns for some employers.
By Ryan Golden • April 14, 2020 -
Retrieved from Walmart on March 25, 2019
Walmart sued in Illinois court over employee's COVID-19 death
The case reveals the potential for lawsuits alleging employer liability for workers' exposure to SARS-CoV-2.
By Jennifer Carsen • April 14, 2020 -
Hair Cuttery stylists say they were denied pay for hours worked before coronavirus closures
This is among the first pay-related lawsuits to result from business closures fueled by the pandemic.
By Lisa Burden • April 14, 2020 -
Safety takes priority in workplace training, survey finds
A quarter of respondents said they are using augmented or virtual reality-based tools for their trainings.
By Katie Clarey • April 14, 2020 -
SCOTUS won't decide whether EEOC can investigate after right-to-sue notice
The ruling has additional relevance thanks to EEOC's decision to suspend right-to-sue letters amid the COVID-19 pandemic.
By Ryan Golden • April 13, 2020 -
5th Cir. revives claim alleging 'near daily' racial slurs created hostile work environment
The plaintiff, an African-American sheet metal worker, said a co-worker threw his tools out of a moving vehicle and threatened to throw him off a roof.
By Lisa Burden • April 13, 2020 -
11th Cir.: Employee mocked for accent can move forward with claim despite 'inconsistencies'
As the court in this case noted, national origin bias or harassment can occur even if the perpetrator does not know the victim's ethnicity or nationality.
By Jennifer Carsen • April 9, 2020 -
Supervisor's actions fell short of 'extreme' hostile work standard, 9th Cir. says
His remarks about the worker's epilepsy, though derogatory, were isolated incidents, the court noted.
By Lisa Burden • April 9, 2020 -
Poor performance, not retaliation, led to waiter's firing days after complaint
An employer can take an unrelated adverse action against a worker who has engaged in protected activity, sources say, but it should have evidence of the legitimate reason.
By Lisa Burden • April 9, 2020 -
Male doctor paid more due to experience, specialty, not sex, 11th Cir. says
Employers are generally free to make personnel decisions as they see fit, so long as they are motivated by non-discriminatory, legitimate reasons.
By Jennifer Carsen • April 8, 2020 -
Users report glitches, mistaken denials in new H-1B registration system
USCIS has attempted to overhaul the H-1B application process to make it easier for employers, one source told HR Dive.
By Ryan Golden • April 8, 2020 -
8-month-long sexual harassment investigation was 'sufficiently expeditious,' 2nd Cir. finds
A prison employee alleged the employer failed to take appropriate steps to stop a co-worker who she claimed circulated intimate photos of her.
By Lisa Burden • April 7, 2020 -
States, cities ask workers to report employer COVID-19 shutdown violations
New York, Oregon and Kansas City, Missouri, have asked for workers' help to identify non-compliant businesses.
By Jennifer Carsen • April 7, 2020 -
HR pro allegedly released weeks before retirement vested gets age claim revived
The employee provided evidence that another applicant was pre-selected for the position he sought.
By Lisa Burden • April 6, 2020 -
2nd Cir.: Worker may have faced bias, but not from those involved in her firing
The incidents may have caused her "understandable frustration and disappointment," but the termination was not motivated by bias, the court said.
By Jennifer Carsen • April 6, 2020 -
Dems slam DOL's coronavirus leave law guidance
The agency interpreted the FFCRA in ways that may be more or less narrow than the statute's text, a source told HR Dive.
By Ryan Golden • Updated April 6, 2020 -
An area for caution: Asking about personal travel
As employers worry about workers' exposure to the new coronavirus, they must mind anti-bias laws.
By Katie Clarey • April 3, 2020 -
"20-0081-032 (200319-N-LH674-1024)". Retrieved from Navy Medicine.
Workers' coronavirus-related complaints confound employers
Most didn't fall within the usual framework of disability discrimination, retaliation and safety, the results noted.
By Jennifer Carsen • April 3, 2020 -
Transfer wasn't retaliation for ADA accommodation request, 9th Cir. says
The five to six months between the request and the transfer wasn’t an interval that could establish causation, the court said.
By Lisa Burden • April 3, 2020 -
5th Cir. upholds jury verdict awarding Texas police lieutenants overtime
Misclassification of employees under the FLSA is a common issue and can lead to costly litigation.
By Lisa Burden • April 2, 2020 -
Dollar General manager's 'isolated comments' didn't show disability discrimination, 7th Cir. says
Employers often can defeat discrimination claims by demonstrating a legitimate, non-discriminatory reason for an adverse decision.
By Lisa Burden • April 2, 2020 -
DOL publishes rule implementing coronavirus leave law
The agency made technical corrections to its regulations April 10.
By Ryan Golden , Kate Tornone • Updated April 2, 2020 -
DOL outlines rules for bonuses, benefits in overtime calculations
The clarifications came in the form of three opinion letters regarding the new regular rate regulations.
By Jennifer Carsen • April 1, 2020