Labor Department floats FMLA forms revisions

This comment period comes after DOL's announcement earlier this year of its plans to review the regulations accompanying the FMLA.

By Lisa Burden • Aug. 21, 2019

DOJ reaffirms Title VII stance clash with EEOC in court filing

The EEOC's general counsel did not sign a DOJ amicus brief, which argued that Title VII does not prohibit employment discrimination on the basis of transgender status.

By Ryan Golden • Aug. 20, 2019

Explore the Trendline➔

Inside the rapidly changing world of compliance

The HR landscape is ever-shifting, leaving compliance professionals to meet today’s requirements while keeping an eye on the future.

By HR Dive staff

A manager with customer complaints fails to establish race discrimination

He received three sets of customer complaints during his three-year period at Warren Unilube and also had a poor showing during an annual ISO audit.

By Jennifer Carsen • Aug. 20, 2019

Assisted living community settles EEOC suit claiming it asked Seventh-day Adventists to quit

The two employees told their employer they could not work on Saturdays because it interfered with their Sabbath. 

By Lisa Burden • Aug. 20, 2019

DOL eyes changes to FLSA regs on fluctuating workweek

The move would provide "greater flexibility" to employers who pay employees bonuses and other incentive-based pay, the agency said.

By Ryan Golden • Aug. 20, 2019

How employers can prepare for active shooters by addressing workplace violence overall

Organizations can defend against all types of violence by creating sound procedures and cultivating a culture of safety, experts told HR Dive. 

By Katie Clarey • Aug. 19, 2019

Employer pays $90K to settle charges it fired employee for hearing loss

The company fired him because it was concerned about his workers' comp claim increasing its insurance costs, the EEOC alleged in its complaint.

By Lisa Burden • Aug. 19, 2019

NLRB extends election rule comment period

Having received 11 online comments so far, the board announced that stakeholders now may comment until Dec. 10.

By Jennifer Carsen • Updated Oct. 4, 2019

Study: Managers don't know how to handle harassment complaints

When managers and leaders were approached by an employee with a harassment or discrimination complaint, 39% did not ask questions to identify potential witnesses. 

By Lisa Burden • Aug. 16, 2019

NLRB: Employers may create, enforce arbitration agreements in response to collective action

The ruling is the board's first to tackle employer conduct around mandatory arbitration since the decision in Epic Systems v. Lewis.

By Ryan Golden • Aug. 16, 2019

6th Cir. affirms $677K jury award to FedEx worker told 'females are better suited to administrative roles'

A jury found the company retaliated against her by unfairly disciplining her, not allowing her to earn extra pay and closely surveilling her.

By Jennifer Carsen • Aug. 15, 2019

Study: 21% of workers over 40 said they have experienced age bias

Nearly two-thirds of respondents said they received no age discrimination training in the past 12 months, the Hiscox report revealed.

By Valerie Bolden-Barrett • Aug. 14, 2019

Worker who mistakenly sent colleague disparaging email could not prove gender bias claims

The email said that it was "sad" how many lives the colleague had ruined, according to court documents. 

By Lisa Burden • Aug. 14, 2019

Employer's suspension of worker with safety concerns violated NLRA

The NLRA protects workers who engage in "concerted activity," which includes participating in a concerted refusal to work in unsafe conditions. 

By Jennifer Carsen • Aug. 14, 2019

New report compiles sexual harassment policy reforms made since #MeToo

Five states, for example, extended protections against sexual harassment to interns, independent contractors or graduate students for the first time.

By Valerie Bolden-Barrett • Aug. 13, 2019

Not being greeted in the morning is not retaliation, district court says

The plaintiff also claimed that the company's CEO treated her differently by attending lunches with male employees but not her.

By Lisa Burden • Aug. 13, 2019

Phlebotomist wins $1.5M jury award in racial harassment suit

The worker said one colleague addressed her with a racial slur, while others tampered with or threw away blood specimens she took.

By Lisa Burden • Aug. 13, 2019

Employer's documentation of layoffs defeats employee's discrimination claim

The plaintiff claimed her employer let her go for refusing to sign an affidavit in another woman's discrimination charge, the 8th Circuit said. 

By Lisa Burden • Aug. 12, 2019

Nurse who didn't apply for full-time position wasn't discriminated against in hiring, court says

The hospital said it "purged" her from the work pool because the only hours available to part-time nurses conflicted with her schedule at a new full-time job.

By Lisa Burden • Aug. 12, 2019

DOL: Workers can use FMLA to attend children's special education meetings

There's one big takeaway from this letter, according to Fisher Phillips Partner Myra Creighton: Don't view the FMLA's "to care for" component too narrowly.

By Katie Clarey • Aug. 9, 2019

ICE agents round up 680 workers in largest raid in a decade

Workplace investigations have resumed under President Trump after President Obama largely avoided them in favor of audits, AP reported.

By Valerie Bolden-Barrett • Aug. 9, 2019

UPS did not need to create a new position as an accommodation, court says

The employee's "physical and cognitive impairments directly affected the core requirements of his job," the 5th Circuit said.

By Jennifer Carsen • Aug. 9, 2019

EEOC: Manager violated ADA by chastising worker's accommodation use

The ADA's obligation for employers to provide a reasonable accommodation can include modifying workplace policies, including allowing telework.

By Lisa Burden • Aug. 9, 2019

3 tips to survive a DOL audit of your FMLA process

Littler Mendelson shareholder Jeff Nowak taught employers a "Jedi mind trick" they can use once they receive a notice from DOL, among other strategies.

By Ryan Golden • Aug. 9, 2019

Trucking company's 'inflexible leave policy' application violated disability discrimination laws, EEOC says

Even when leave is provided as required by applicable laws, the Americans with Disabilities Act may require additional leave as a reasonable accommodation.

By Lisa Burden • Aug. 8, 2019