Club to pay $4.5M after exerting 'overwhelming control' over dancers it called independent

Misclassifying employees as independent contractors, whether deliberately or inadvertently, can be a costly mistake for employers.

By Jennifer Carsen • Sept. 11, 2019

Professor: Diversity policies fall short due to conflicting goals, lack of management

Organizations investing time, effort and resources into diversity and inclusion initiatives should be prepared to measure the outcomes of their strategies.

By Valerie Bolden-Barrett • Sept. 10, 2019

Manufacturer to pay $1M for terminating workers who participated in OSHA investigation

The court's punitive damages award is the largest ever assessed under Section 11(c) of the OSH Act, according to the U.S. Department of Labor.

By Jennifer Carsen • Sept. 10, 2019

EEOC: Orthopedics office hired women over more qualified men

Although there is a bona fide occupational qualification exception for gender, the EEOC has said that the exception should be interpreted narrowly.

By Lisa Burden • Sept. 10, 2019

New Mexico county follows Maine in mandating PTO for any use

A patchwork of state and local paid leave laws has proliferated in the absence of a unified federal law mandating paid time off.

By Jennifer Carsen • Sept. 9, 2019

USCIS proposes $10 fee per registration for H-1B visa applications

Employers already deal with headaches regarding the H-1B process, but the high demand for skilled foreign workers is unlikely to change in a tight labor market. 

By Valerie Bolden-Barrett • Sept. 6, 2019

7th Cir. allows Hispanic and Latino Ford applicants' disparate impact claims to proceed

The applicants alleged interference with their job applications and a disparate impact caused by Ford's pre-employment basic skills test.

By Jennifer Carsen • Sept. 6, 2019

EEOC sues packing company for paying female exec $18K less than male peer

When the female employee asked for a raise to eliminate the gap, the company allegedly refused.

By Lisa Burden • Sept. 6, 2019

Employer with alleged policy to fire pregnant women settles for $200K

According to the EEOC, the company told female employees to sign a policy stating their employment would end at the fifth month of pregnancy.

By Jennifer Carsen • Sept. 5, 2019

City worker's demotion was not retaliation, 4th Cir. says

While the demotion happened after the complaint was filed, the grievance "simply had no bearing on the earlier decision to demote her," the court said.

By Lisa Burden • Sept. 5, 2019

Leading economics professional association bans hotel room job interviews

The move by the American Economic Association points to the complex — and often ingrained — nature of diversity obstacles.

By Valerie Bolden-Barrett • Sept. 4, 2019

New York grants improved protections to victims of domestic violence

Employers and governments are recognizing that repercussions of domestic violence often follow workers to work. 

By Jennifer Carsen • Sept. 4, 2019

Chevy dealership denied lone woman on sales team training, raises, EEOC alleges

The agency alleged the team subjected her to near-daily "offensive comments about her sex, appearance and weight."

By Lisa Burden • Sept. 4, 2019

NLRB: Misclassifying workers does not violate NLRA

This decision is "a good win for employers," Fisher Phillips Partner Todd Lyon said, but it does not totally remove the NLRA from the classification discussion.

By Katie Clarey • Sept. 3, 2019

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