Compliance: Page 119
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Deep Dive
Restaurants after #MeToo: How this 'wake-up call' is effecting real change
The fall of celebrity chefs has brought the industry's culture problem into sharp focus, prompting both employers and governments to mandate training.
By Alicia Kelso • March 11, 2019 -
3 keys to the ADA: 'Consistency, communication and compliance'
"If one of these are missing, the employer is putting themselves at risk," one presenter in a Disability Management Employer Coalition webinar said.
By Katie Clarey • March 11, 2019 -
DOL proposes $35K overtime rule threshold
The long-awaited proposal does not include automatic adjustments — an option previously under consideration.
By Ryan Golden • Updated March 8, 2019 -
HR rep violated NLRA by calling police on complaining employee, court says
The case highlights the low bar for protected group action and the various ways employers can run afoul of the law.
By Jennifer Carsen • March 7, 2019 -
Lyft IPO cites drivers' contractor classification as potential risk
Any legal proceeding that finds rideshare drivers to be employees "may require us to significantly alter our existing business model," the company said.
By Ryan Golden • March 7, 2019 -
Corporate boards step in to address dysfunctional cultures
Issues that were once the responsibility of a CEO and other corporate leaders increasingly fall under directors' oversight, according to Marshall & McLennan.
By Valerie Bolden-Barrett • March 6, 2019 -
Positive drug test didn't create ADA 'regarded as' claim, 8th Cir. says
An employer didn't violate federal law when it put an employee who tested positive for hydrocodone on paid suspension while it sought more information.
By Lisa Burden • March 6, 2019 -
2nd Cir.: Employees not entitled to preferred accommodation
A hospital did not fail to accommodate a deaf employee when it asked her colleagues to relay test results to physicians on her behalf, the court said.
By Katie Clarey • March 6, 2019 -
Flight attendants allege American Airlines attendance policy discriminates against women
The policy "fast tracks" discipline for its mostly-female flight attendant populations without doing the same for pilots, who are mostly male.
By Jennifer Carsen • March 6, 2019 -
Ryan Golden/HR Dive
EEO-1 pay data collection requirements back in effect
It's unlikely that EEOC could stop the pay data reporting requirements for this reporting cycle, which closes May 31, even if it wanted to, one expert said.
By Kate Tornone • March 5, 2019 -
DOL sends FLSA joint-employer rule to White House
The agency's new rule is expected to establish a "high bar" for joint-employment liability, according to a report.
By Ryan Golden • March 5, 2019 -
7-Eleven's franchise agreement can't dictate contractor status, 9th Circuit says
Enforcement agencies and courts use different classification tests for contractors, so employers must consider all applicable standards.
By Lisa Burden • March 5, 2019 -
Most workers feel disempowered to speak out against gender discrimination
Half of respondents to the Randstad US survey did not take action after witnessing the harassment of a colleague.
By Valerie Bolden-Barrett • March 5, 2019 -
Appointing a chief diversity officer isn't enough to make a workplace diverse
Many D&I initiatives aren't aligned with business goals, and CDOs often lack needed resources and support from their organizations, a new study revealed.
By Valerie Bolden-Barrett • March 5, 2019 -
DOL: Employers failed to include shift differentials in overtime calculations
Two employers paid out thousands in back wages and liquidated damages due to alleged errors computing workers' "regular rates."
By Jennifer Carsen • March 4, 2019 -
Deep Dive
Curbing time theft — without creating an Orwellian nightmare
Accurate timekeeping starts with policies and training, experts say; if you don't have that, tech can't help.
By Jennifer Carsen • March 4, 2019 -
New study backs BLS report on a shrinking gig economy
Despite the recent findings, employers continue to say they plan to expand their use of independent contractors.
By Valerie Bolden-Barrett • March 2, 2019 -
Report: New FLSA overtime rule threshold will be $35K
A former DOL economist told HR Dive that a $35,000 threshold would leave out more than half of the workers who would've received new or strengthened overtime protections under the Obama-era proposal.
By Ryan Golden • Updated March 1, 2019 -
Jury awards $1.2M to firefighter who reported harassment of Kurdish, female co-worker
After complaining about the harassment, the employee was passed over for a promotion, he alleged in a retaliation suit.
By Jennifer Carsen • March 1, 2019 -
ICE raid violated workers' constitutional rights, suit says
The officers did not detain the plant’s white workers and targeted employees who were or appeared to be Latino, the complaint says.
By Lisa Burden • March 1, 2019 -
Lawmakers introduce bills to end mandatory arbitration
The bill would prevent forced arbitration when an agreement was made before a dispute occurred, according to one of its main sponsors.
By Katie Clarey • Feb. 28, 2019 -
Senate advances Trump's nominees for WHD administrator, EEOC chair
A full Senate vote for either nominee is unlikely to happen soon, however; Democrats intend to delay until the party's preferred nominees are included.
By Ryan Golden • Feb. 28, 2019 -
H-2B visa program will return to randomly selected processing
The change follows a processing system crash in January that DOL attributed to the high volume of H-2B petitions filed on the same day.
By Valerie Bolden-Barrett • Feb. 28, 2019 -
4th Cir.: Depression disclosure was enough to put employer on FMLA notice
HR professionals may need to train managers on the law's requirements and equip them with the ability to recognize leave requests.
By Lisa Burden • Feb. 28, 2019 -
Jury may hear pregnant EMT's accommodation suit
The employer said it "held no animosity" and even congratulated the employee on her pregnancy; but discrimination can exist without animosity, the court said.
By Katie Clarey • Feb. 28, 2019
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