Compliance: Page 109
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Employers can screen workers, applicants for fevers, EEOC says
Employers also may ask workers who call in sick if they are experiencing COVID-19 symptoms, the guidance said.
By Lisa Burden • March 23, 2020 -
SUNY official fired over performance, not sexual orientation, 2nd Cir. says
The school provided "overwhelming evidence" he was terminated after declining performance, extensive absences and insubordination, the court said.
By Lisa Burden • March 23, 2020 -
California relaxes notice requirements for coronavirus-related layoffs
Many states have their own so-called mini-WARN laws that provide workers with greater protections than federal law.
By Jennifer Carsen • March 23, 2020 -
9th Cir.: City electrician with record of insubordination failed to show bias
When HR interviewed the employee's colleagues, several "voiced concerns," including allegations that she threatened them with gun-like hand gestures.
By Jennifer Carsen • March 23, 2020 -
Feds OK remote I-9 document review through August
Employers with workers taking physical proximity precautions due to COVID-19 have some leeway for new hires.
By Kate Tornone • Updated March 31, 2021 -
Court: Manufacturer's firing of African-American worker with last-chance agreement wasn't 'fishy'
Employers generally are free to make personnel decisions as long as the moves are motivated by legitimate, non-discriminatory reasons, courts say.
By Lisa Burden • March 19, 2020 -
Judge invalidates federal guidances that led to 'slower' H-1B processing
The ruling is the latest in a series of challenges plaguing administration of the H-1B visa program.
By Ryan Golden • March 19, 2020 -
Trump signs emergency coronavirus bill expanding FMLA, granting paid leave
The bill contains two key provisions covering workers employed by private entities and individuals that employ fewer than 500 employees.
By Ryan Golden • March 18, 2020 -
Documentation of poor performance defeats supervisor's race bias claim
The 6th Circuit noted the employer's multiple warnings that provided "many specific examples of ... substandard performance."
By Lisa Burden • March 18, 2020 -
'Abrasive' car salesman can move forward with age bias claim, 6th Cir. says
According to the AARP, workplace ageism remains the "last acceptable bias in America."
By Jennifer Carsen • March 17, 2020 -
NJ employers may need to accommodate medical marijuana use
HR pros face challenges in the space as states increasingly adopt laws allowing such use.
By Lisa Burden • March 17, 2020 -
Employer can't pin overtime violations on payroll employee, 9th Cir. concludes
The court said the staffing company could not avoid liability even though the move was taken at the direction of a client.
By Jennifer Carsen • March 16, 2020 -
Employee who allegedly used FMLA to attend NFL game has no claim, court says
Federally protected leave and vacations aren’t mutually exclusive, experts have said, but there are limits.
By Lisa Burden • March 16, 2020 -
Firefighter's self-assessed back injury not an ADA disability, 9th Cir. says
While 2009 amendments lowered the law's threshold for coverage, employees still must meet certain standards.
By Lisa Burden • March 16, 2020 -
Report: House scales back coronavirus leave bill, sends revisions to Senate
The U.S. Senate could take up the bill as early as Tuesday.
By Kate Tornone , Ryan Golden • Updated March 17, 2020 -
Dept. of Labor addresses coronavirus' FMLA, FLSA implications
Among other things, the agency discusses whether those unable to work from home must be paid and whether leave to avoid the pandemic is protected.
By Jennifer Carsen • March 13, 2020 -
Lawmakers, nurses demand increased Coronavirus protections for healthcare workers
House Democrats proposed a bill for an emergency temporary standard as nursing organizations held rallies to voice their concerns.
By Sheryl Estrada • Updated March 13, 2020 -
White accounting assistant's discipline based on mishandling money, not race, 3rd. Cir. says
The employee was suspended without pay after $500 went missing and police concluded they had sufficient evidence to arrest her.
By Lisa Burden • March 12, 2020 -
Manufacturer to pay $93K to settle claims it permitted 'an ugly mix' of sexism, racism
The settlement also requires that the company provide extensive training to its owner, managers and employees.
By Lisa Burden • March 11, 2020 -
Congressional Dems push for guaranteed paid sick leave in response to coronavirus
Access to paid sick leave has grown since 2010, but that access is still not uniform in the U.S.
By Ryan Golden • March 11, 2020 -
Marriott worker called 'Egyptian rat' can proceed with claim, 2nd Cir. says
The plaintiff said he drove to company headquarters to complain when HR didn't respond, allegedly to no avail.
By Jennifer Carsen • March 11, 2020 -
Virginia outlaws hair discrimination
California was the first state to ban discrimination based on hair when it passed the CROWN Act in 2019.
By Lisa Burden • March 10, 2020 -
6th Cir: Employee mistakenly fired for stealing didn't show discrimination
As the court in this case pointed out, "Mistakes happen. Including in the context of employment decisions."
By Jennifer Carsen • March 9, 2020 -
HR manager's firing 7 days after FMLA leave wasn't retaliatory, 5th Cir. says
The employer presented "strong evidence" that her termination was due to poor performance, the court found.
By Lisa Burden • March 9, 2020 -
DHS: No additional H-2B visas 'until further notice'
The agency cited economic circumstances as a reason for the move.
By Ryan Golden • Updated April 3, 2020