Compliance: Page 121
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Cinemark to pay $2.9M to settle California pay stub claim
A class-action suit alleged the employer issued more than 66,000 wage statements containing incorrect overtime rates over a three-year period.
By Jennifer Carsen • Feb. 15, 2019 -
Employer's blended overtime rate violated FLSA, 4th Cir. says
The West Virginia-based company ran afoul of the law when it used a "hitch rate" payment calculation.
By Lisa Burden • Feb. 15, 2019 -
Dems, advocates renew push for Paycheck Fairness Act
The act, which has been introduced in Congress numerous times since 1997, would mandate pay data collection and ban salary history inquiries nationwide.
By Ryan Golden • Feb. 15, 2019 -
Jury awards KFC employee $1.5M for non-private lactation room
The office in which the plaintiff was permitted to pump allegedly had a window through which co-workers watched her.
By Morgan Fecto • Feb. 14, 2019 -
8th Cir. won't revisit Seventh-Day Adventist's retaliation claim
A court previously held that a hospital didn't retaliate when it rescinded a job offer from an employee who requested a scheduling accommodation.
By Ryan Golden • Feb. 14, 2019 -
Gender diversity enhances the bottom line — but only in inclusive settings
A 10% increase on the gender diversity index resulted in a 7% uptick in market value for companies in Western Europe, researchers said.
By Valerie Bolden-Barrett • Feb. 13, 2019 -
Judge: Walmart firing violated Arizona medical marijuana law
Regulation of marijuana, be it medical or recreational use of the drug, continues to be a vexing issue for HR departments.
By Ryan Golden • Feb. 13, 2019 -
Braniff747SP [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], from Wikimedia Commons
Court OKs Amtrak conductor's suit alleging 18 years of bias
A judge refused to dismiss the plaintiff's hostile work environment claims, citing the continuing violation doctrine.
By Lisa Burden • Feb. 13, 2019 -
California on-call workers entitled to pay even when not scheduled to work
A state court said that "on-call shifts burden employees, who cannot take other jobs, go to school, or make social plans during on-call shifts."
By Jennifer Carsen • Feb. 13, 2019 -
Governor signs NY bill to allow jail time for employer deportation threats
Employers will be prohibited from contacting or threatening to contact immigration authorities about an employee's citizenship or immigration status.
By Lisa Burden • Updated July 30, 2019 -
Firing of worker with flesh-eating bacteria didn't violate ADA
Because the employee had been absent for nearly a year, his duties had been absorbed by other employees, the court said.
By Katie Clarey , Lisa Burden • Feb. 11, 2019 -
Recession or not, HR can take steps to prepare for a downturn
Experts recommend thorough planning on two fronts: culture and compliance.
By Ryan Golden • Feb. 11, 2019 -
4th Cir.: Jury should decide whether medical exam based on manager's fears violated ADA
The ADA prohibits covered employers from requiring an employee to undergo a medical exam "unless such examination is shown to be job-related and consistent with business necessity."
By Lisa Burden • Feb. 8, 2019 -
5th Cir. widens federal courts' split over LGBT protections
The court affirmed its 1979 holding that discrimination on the basis of sexual orientation is not prohibited by Title VII.
By Ryan Golden • Feb. 8, 2019 -
Jury sides with FedEx in gender bias case
Despite the win, a supervisor's alleged bad behavior points to the need for training.
By Jennifer Carsen • Feb. 8, 2019 -
SHRM: 83% of employers struggled to recruit suitable candidates in past year
The same percentage said the quality of job applicants also decreased.
By Valerie Bolden-Barrett • Feb. 7, 2019 -
DOL drops appeal in ongoing Google pay-data audit
The decision doesn't mean the audit is finished, but may signal OFCCP's shift toward greater transparency in investigations.
By Ryan Golden • Feb. 7, 2019 -
Website accessibility lawsuits nearly tripled in 2018
With ADA Title III suits swelling from 814 to 2,258 in the course of a year, employers may need to take note — and take action.
By Kathryn Moody , Valerie Bolden-Barrett • Feb. 7, 2019 -
Split 6th Cir. says insurance agents were contractors
The agents alleged they were misclassified so their employer, American Family Insurance Company, could avoid paying them ERISA-required benefits.
By Jennifer Carsen • Feb. 7, 2019 -
Trump touts deregulation, calls for national paid leave in State of the Union
The president also said Tuesday night that he supports an immigration system "that is safe, lawful, modern and secure."
By Kate Tornone • Feb. 6, 2019 -
Franchising sector says Browning-Ferris cost it $33B annually
The Obama-era standard has exponentially increased franchisors' compliance burden and liability exposure.
By Jennifer Carsen • Feb. 5, 2019 -
Opinion
I-9s remain employers' biggest hiring compliance concern
It's critical for HR to keep a close eye on employees' work authorization status, writes Sally Baraka, senior vice president and general counsel at Paycor.
By Sally Baraka • Feb. 4, 2019 -
HR departments haven't heard the last of EEOC's Chai Feldblum
Sitting down for HR Dive's "Exit Interview" series, the now-former EEOC commissioner explained why she withdrew after nomination to a third term — but acknowledged her work isn't done yet.
By Ryan Golden • Feb. 4, 2019 -
Buffalo Wild Wings to pay $30K after refusing to hire male bartenders
An EEOC official said that employers must realize that no person, male or female, can be denied employment based on sex.
By Lisa Burden • Feb. 4, 2019 -
Court OKs religious accommodation suit challenging ethics course mandate
The employer's response was textbook: "We do not expect you to change your values or beliefs but rather, as an employee, your behaviors at work are expected to uphold [our] standards and values."
By Katie Clarey • Feb. 1, 2019