Senate confirms Scalia as Secretary of Labor

The former Solicitor of Labor appeared measured in his responses during a hearing that saw criticism of his record as a management-side attorney.

By Ryan Golden • Updated Sept. 26, 2019

U.S. Forest Service worker's reassignment was for budget reasons, not sex bias

The pay and grade of the plaintiff's new position "directly matched" that of her former position, said the 2nd Circuit.

By Lisa Burden • Sept. 23, 2019

Senate DOL funding proposal ignores White House cuts

Proposed increases for the Wage and Hour Division, in particular, wouldn't drastically impact enforcement efforts, one former DOL official told HR Dive.

By Ryan Golden • Sept. 20, 2019

Google worker says manager drove him out: 'Tell grandpa to pick up the pace'

The suit comes just weeks after Google settled a class action for $11 million after 227 plaintiffs alleged systemic age discrimination.

By Jennifer Carsen • Sept. 20, 2019

11th Cir.: ADA does not cover the potential to contract Ebola

The court ruled that "regarded as" protection does not extend to prohibiting bias on the basis of a theoretical future disability.

By Jennifer Carsen • Sept. 20, 2019

100% healed policies continue to land employers in hot water

An Alabama-based beverage distributor violated the ADA when it refused to return a man to work without a full medical release, the EEOC said.

By Lisa Burden • Sept. 18, 2019

CorePower Yoga pays $1.5M to settle wage and hour class-action suit

Under the federal Fair Labor Standards Act, nonexempt workers must be paid for all time worked, but the law is murkier for certain activities.

By Jennifer Carsen • Sept. 18, 2019

'This is not a lady's job yet': EEOC sues dealership for denying woman sales job

The employer had purchased an existing dealership and hired on all its salespeople except the woman, who had successful records and an award for customer service. 

By Lisa Burden • Sept. 17, 2019

Uber drivers allege misclassification as California expands protections

Given the high stakes involved in such lawsuits, employers may want to review their classification procedures.

By Jennifer Carsen • Sept. 17, 2019

Cintas pays $424K after allegedly refusing to hire men

The allegations carry an important reminder about "reverse" discrimination.

By Jennifer Carsen • Sept. 17, 2019

DOL again warns employers not to delay FMLA designation

There is no exception to the FMLA's designation requirement for employees who prefer to decline the law's protections, the agency said in an opinion letter.

By Kate Tornone • Sept. 16, 2019

New York City sues Chipotle, alleges labor law violations

Wage and hour issues, like those alleged in the lawsuit, are common and can be problematic as they tend to affect large numbers of workers.

By Jennifer Carsen • Sept. 13, 2019

EEOC won't renew pay data collection after current cycle

The notice will not affect the EEOC's collection of 2017 and 2018 Component 2 data that certain employers must submit by Sept. 30.

By Ryan Golden • Sept. 13, 2019

EEOC: Union Pacific ignored doctor's opinion of worker recovered from tumor

Employers violate the ADA if they claim an employee with medical restrictions poses a safety risk but cannot show a "direct threat," EEOC has said. 

By Lisa Burden • Sept. 13, 2019

City didn't discriminate, but retaliated for bias complaint, says 11th Cir.

The ruling shows that the definition of "protected activity" encompasses more than formal lawsuits.

By Jennifer Carsen • Sept. 12, 2019

Medical center fired whistleblower who was told to hire millennials, EEOC says

After the worker reported the alleged age bias to the center's officials, the EEOC said his job as supervisor of the IT help desk was eliminated in a reorganization.

By Lisa Burden • Sept. 12, 2019

Lyft sexual assault suit alleges inadequate background checks, investigations

Employers that hire true independent contractors generally aren't liable for the negligent acts of contractors, an attorney told HR Dive, but there are excptions.

By Ryan Golden • Sept. 12, 2019

California governor signs bill codifying 'ABC' classification test

The bill, AB-5, is a major piece of legislation that puts into practice a classification test that assumes workers are employees.

By Ryan Golden • Updated Sept. 20, 2019

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