DoorDash, Uber and Lyft commit $90M to oppose California independent contractor bill

The argument these companies make for the flexibility of gig work comes as contract work becomes a more common way of making a living.

By Valerie Bolden-Barrett • Sept. 3, 2019

9th Cir. changes course and OKs mandatory arbitration for ERISA claims

While many courts view arbitration as a fair process, many workers hold that employees should not have to sign away rights to their "day in court."

By Jennifer Carsen • Sept. 3, 2019

EEOC sues Florida construction firm for allegedly telling female applicant it doesn't hire women

The applicant had over 20 years of experience as a heavy machine operator and BHT was seeking candidates for "numerous" such positions, EEOC said.

By Lisa Burden • Sept. 3, 2019

Coalition challenges Trump administration's apprenticeship proposal

The statement shows U.S. businesses still have concerns about the proposed apprenticeship recognition overhaul, despite support from employers.

By Valerie Bolden-Barrett • Aug. 30, 2019

7th Cir.: Illinois DOT did not retaliate in firing worker for 'rocky probationary period'

The employee reportedly almost hit a police trooper's car and nearly pinned a supervisor between two vehicles during his training.

By Jennifer Carsen • Aug. 30, 2019

6th Cir.: Employer's policy banning deaf workers from forklifts was discriminatory

As this case demonstrates, there is often more than one way to successfully perform a job's essential functions.

By Jennifer Carsen • Aug. 29, 2019

2nd Cir. affirms AutoZone and affiliate's win due to worker's self-contradictions

AutoZone discharged the worker for making a comment that was "would not be tolerated in any workplace outside, perhaps, of a locker room," according to the court.

By Lisa Burden • Aug. 29, 2019

NLRB shifts precedent, allows employer to send leafleting contractors away

Employers should take note about the decision's implications on their property rights, former NLRB chair Philip A. Miscimarra told HR Dive. 

By Ryan Golden • Aug. 28, 2019

EEOC: Trucking company used pre-hire test to weed out applicants with pre-existing conditions

Hirschbach Motor Lines' test asked drivers to balance and stand on one leg, touch their toes while standing on one leg and crawl, among other things.

By Jennifer Carsen • Aug. 28, 2019

FedEx fired drivers for fights and slur use, not FMLA leave

The 3rd U.S. Circuit Court of Appeals said the men had not shown that FedEx's stated reason for firing them — violations of the employee code of conduct — was a pretext.

By Lisa Burden • Aug. 28, 2019

Hawaii blood bank fired workers who needed leave accommodation beyond FMLA, EEOC says

Addressing inflexible leave policies that discriminate against individuals with disabilities is one the EEOC's current strategic priorities.

By Lisa Burden • Aug. 27, 2019

Walmart wins gender discrimination case, but court questions its culture

"It appears, however, to be only a matter of time before Plaintiffs' counsel manages to get it right" regarding actionable facts, the court said in its ruling.

By Jennifer Carsen • Aug. 27, 2019

DC Walmart pays $100K to settle EEOC allegations it didn't accommodate deaf workers

The EEOC has mentioned in an enforcement guidance on reasonable accommodation for deaf workers that providing qualified interpreters is often reasonable.

By Lisa Burden • Aug. 26, 2019

Jury awards ex-LA Times columnist $15M for disability suit

Employers often have trouble defending adverse actions against employees with strong performance records, particularly if an employee is long-tenured.

By Jennifer Carsen • Aug. 26, 2019

22 Qdobas hit with largest child labor penalties in Massachusetts AG history

Employers need to be aware of both federal and state child labor laws, as they can vary widely by locality.

By Jennifer Carsen • Aug. 23, 2019

5th Cir.: Mississippi deputy clerk fired for budget shortfall, not bias

The city offered sufficient evidence of its nondiscriminatory reason for terminating the plaintiff — a budget shortfall and a city-wide "reduction in force."

By Lisa Burden • Aug. 23, 2019

7th Cir. upholds ruling against employee who stole documents, alleged pay bias

The employee found copies of male co-workers' performance evaluations in a shared desk and prepared to submit them to the EEOC, the court said.

By Jennifer Carsen • Aug. 22, 2019

EEOC: Firing a worker for taking leave to treat opioid addiction is disability discrimination

The worker took leave to admit himself to an inpatient treatment facility, but was questioned about the leave upon his return and then fired.

By Lisa Burden • Aug. 22, 2019

Retail is rife with harassment, and employers aren't intervening, survey says

The U.K.-based report revealed nearly half of workers experienced "sexual, racist, homophobic or otherwise very offensive language" at work.

By Valerie Bolden-Barrett • Aug. 21, 2019

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

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