Compliance: Page 134
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DOL releases updated FMLA forms
There's nothing different about these forms compared to the previous set — save an updated expiration date of Aug. 31, 2021.
By Ryan Golden • Sept. 4, 2018 -
DC restaurant group plates $1.5M settlement in unpaid work suit
Pre- and post-shift work has been a focus of wage and hour litigation in recent years, and courts are still working to determine which duties are compensable.
By Lisa Burden • Sept. 4, 2018 -
Coca-Cola to pay $2.25M, update return-to-work policy to settle ADA charge
It also agreed to provide annual financial support to non-profits dedicated to helping individuals with disabilities find and keep employment.
By Lisa Burden • Aug. 31, 2018 -
Burger King franchisee can't prohibit wage talk in parking lot, NLRB says
While the law allows retail establishments to ban employee solicitation on the selling floor and adjacent areas, the Board said that exception doesn't extend to parking lots.
By Lisa Burden • Aug. 30, 2018 -
DOL OKs freezing no-fault attendance points during FMLA
No-fault attendance policies are attractive to employers for many reasons, but they must be implemented carefully to avoid FMLA and ADA violations.
By Kate Tornone • Aug. 29, 2018 -
Workers need not be paid during voluntary wellness activities, benefits fairs
DOL said in an opinion letter that "voluntary wellness activities" that provide direct financial benefit only to employees aren't compensable working time under the FLSA.
By Ryan Golden • Aug. 29, 2018 -
USCIS extends H-1B premium processing suspension until 2019
In the last year, USCIS has made a series of tweaks and adjustments to H-1B adjudication policies, weaving a complex landscape of policies that petitioners must follow.
By Naomi Eide • Aug. 29, 2018 -
Organ donors can qualify for FMLA, DOL says
In a letter to the agency, an employer asked whether an employee who donates an organ can qualify, even when the donor is in good health and chooses to donate solely to improve someone else's health.
By Katie Clarey • Aug. 29, 2018 -
ADA interactive process that took nearly 2 years didn't create an 'undue delay'
Despite the long process, the employer was engaged in good faith the entire time, a federal district court determined, dismissing the employee's suit.
By Lisa Burden • Aug. 29, 2018 -
DOL seeks input on overtime rule
Next month, in listening sessions around the country, the agency will ask stakeholders for their thoughts on a new overtime threshold.
By Katie Clarey • Aug. 28, 2018 -
56 Uber workers to split $1.9M sexual harassment settlement
The agreement is part of a broader $10 million settlement agreement. Another 480 employees will receive compensation for alleged pay disparities.
By Ryan Golden • Aug. 27, 2018 -
Grand Hyatt violated ADA by denying front-desk agent a chair, EEOC says
While the law requires that each situation receive an individual assessment, the agency clearly takes the position that permission to sit often will be a reasonable accommodation.
By Lisa Burden • Aug. 27, 2018 -
Harley-Davidson dealership failed to promote female manager 9 times, says EEOC
The employer repeatedly promoted men, even though a female candidate was equally or more qualified, the suit alleges.
By Valerie Bolden-Barrett , Kate Tornone • Aug. 23, 2018 -
Professor's transfer may have been retaliation for harassment claim, 1st Cir. says
The court said the university misrepresented how the transfer would affect the professor's responsibilities and career opportunities.
By Lisa Burden • Aug. 23, 2018 -
Court upholds $470K jury verdict over grocer's 'sexual roughhousing' culture
Policies and training that address sexual harassment are a good start, but they're not enough — employers might need to focus on culture at all levels.
By Lisa Burden • Aug. 22, 2018 -
10th Cir. OKs employment suits without EEOC charge
Overturning almost 40 years of precedent, the court has joined most of its sister circuits in raising the bar for employers defending such claims.
By Kate Tornone • Aug. 21, 2018 -
Employers must get permission before performing background checks in California
Employers are turning to more thorough screening in an attempt to one-up less-than-qualified applicants, but state and local law continues to complicate the process.
By Kathryn Moody • Aug. 21, 2018 -
Texas appeals court temporarily blocks Austin's paid sick leave ordinance
The requirement was set to take effect Oct. 1 and would have allowed employees to accrue up to 64 hours of paid leave each year.
By Valerie Bolden-Barrett • Aug. 21, 2018 -
For 2nd time, DOL obtains injunction for alleged H-2A visa abuse
The agency alleged that the agriculture employer provided unsafe working conditions and housed employees in a former jail.
By Lisa Burden • Aug. 20, 2018 -
Column // Other duties as assigned
Want women in leadership? Give dads paid leave
It's a diversity issue, says HR Dive’s senior editor, Kate Tornone. If you want women in leadership and want to eliminate your gender pay gap, it needs to be OK for your male employees to take time off.
By Kate Tornone • Aug. 17, 2018 -
Employers look to overhaul compliance functions with tech
While compliance efforts often focus on avoiding litigation, there's so much more at stake — and employers are hoping automation and other tech can help.
By Valerie Bolden-Barrett • Aug. 17, 2018 -
Dollar General's 'accommodate thyself' defense no match for $700K jury verdict
The 6th Circuit upheld the verdict for a cashier who wasn't allowed to keep juice at her register to accommodate her diabetes.
By Lisa Burden • Aug. 17, 2018 -
Employees not entitled to religious accommodation of choice, 11th Cir. says
The court said an employer's offer to reassign a truck driver to a less-desirable route fulfilled its duty to accommodate his religion.
By Lisa Burden • Aug. 15, 2018 -
Nike's female employees are 'devalued and demeaned,' new lawsuit claims
Two former employees at the athletics retailer alleged sex discrimination in a class action lawsuit, saying they were paid less than male counterparts and that harassment claims were ignored or mishandled.
By Cara Salpini • Aug. 14, 2018 -
Harassment claims need not detail every offensive act, 1st Cir. says
A lower court improperly dismissed an employee's age harassment claim because she failed to cite the exact dates, exact individuals involved and exact words used in each instance.
By Lisa Burden • Aug. 14, 2018