Judge rejects McDonald's, NLRB joint-employment settlement

NLRB likely will continue to try to resolve the case with a settlement agreement to ensure it can continue with its planned joint-employment rulemaking.

By Kate Tornone • July 18, 2018

Discrimination claim waivers can be 'anticipatory retaliation,' court says

EEOC has taken the position that certain waivers in severance or last-chance agreements can violate federal law, and some courts are entertaining the idea.

By Lisa Burden and Kate Tornone • July 18, 2018

DOL drops Obama-era persuader rule

The regulation, blocked by a district court during the final weeks of the Obama administration, set out specific requirements for employers facing unionization efforts.

By Ryan Golden • July 18, 2018

Study: Men who fear being seen as incompetent are prone to sexually harassing subordinates

The researchers present the idea that the behavior of sexual predators in the workplace stems from the belief that others think they're ill-suited to their positions.

By Valerie Bolden-Barrett • July 18, 2018

Auto-deducted lunch breaks land employer in hot water

The FLSA doesn't explicitly prohibit exceptions timekeeping, but it can be risky, experts say.

By Lisa Burden • July 17, 2018

Car wash pays $225K to settle claims it failed to promote black workers

Black employees also often trained the white workers who became their managers or supervisors, according to EEOC.

By Valerie Bolden-Barrett • July 16, 2018

How to ask the right interview questions — and avoid the wrong ones

It's a tall order for HR professionals and hiring managers: get the information you need, without running afoul of the law.

By Pamela DeLoatch • July 16, 2018

Long lunch break wasn't required ADA accommodation, 6th Cir. says

The employee failed to show how the extended break would accommodate her disability, the court explained.

By Lisa Burden • July 16, 2018

Which employment cases could see Supreme Court review next term?

There are several cases that underpin big employment law issues that are ripe for consideration, according to EEOC's associate legal counsel. 

By Kathryn Moody • July 13, 2018

7th Cir. revives full-time handyman's independent contractor claim

As employers increasingly rely on gig workers, HR will need to have a good understanding of exactly who is working for the company.

By Lisa Burden • July 13, 2018

Does your ATS know about EEO?

Using an applicant tracking system can ease the recruitment process, but HR still must ensure compliance with nondiscrimination law.

By Riia O'Donnell • July 12, 2018

EEOC commissioners offer anti-harassment action items

The agency may be short-staffed at the top, but the work doesn't stop, commissioners told stakeholders at EEOC's EXCEL Training Conference.

By Kathryn Moody • July 12, 2018

7 fast-food restaurants to remove no-poach clauses from franchise contracts

The announcement comes after a group of 11 state attorneys general sent a request for information regarding the agreements.

By Valerie Bolden-Barrett • Updated July 13, 2018

How hiring managers can keep social media screenings sensible

"Freedom of speech doesn't guarantee you a job," Eric B. Meyer, partner at FisherBroyles LLP, reminded the audience at EEOC EXCEL.

By Kathryn Moody • July 11, 2018

Employers that lack a sexual harassment policy risk losing candidates

Workplaces risk losing out on potential employees when a brand is tarnished by rumors of bullying or harassment, a new study shows.

By Valerie Bolden-Barrett • July 10, 2018

Harasser's firing after 6-week investigation was 'prompt' enough to prevent employer liability

An investigation done in good faith that ends with a well-reasoned conclusion is key to avoiding liability for harassment claims, experts say.

By Lisa Burden • July 10, 2018

With EEOC's involvement, more sex harassment suits are likely

The #MeToo movement may be several months old, writes David W. Garland of Epstein Becker Green, but now is not the time to take your eye off the ball.

By David W. Garland • July 9, 2018

7 ways to screw up the ADA's interactive process

Failing to engage in this informal discussion can be evidence of discrimination. But there's good news: It's totally in the employer's control to get it right.

By Jennifer Carsen • July 9, 2018

Employee fired for applying to move closer to disabled son settles for $100,000

The defense contractor named in the case acted in violation of both the Americans with Disabilities Act and the Age Discrimination in Employment Act, the EEOC said.

By Valerie Bolden-Barrett • July 6, 2018

LA restaurant and night club settles pregnancy bias case for $82,500

In a lawsuit, EEOC alleged LA Louisanne reduced a pregnant employee's hours before removing her from its schedule entirely.

By Valerie Bolden-Barrett • July 6, 2018

Pay equity suit says Jones Day 'operates as a fraternity'

A female partner has alleged that, at one of the nation's largest law firms, men have better access to professional development opportunities and receive higher salaries.

By Lisa Burden • July 6, 2018

New bill would set aside $5B to pay Senate interns

Debate over the provision to pay Senate interns mirrors that of workplaces in the private sector.

By Valerie Bolden-Barrett • July 5, 2018

Massachusetts passes 'Grand Bargain' bill on minimum-wage, paid family leave

More states are moving beyond federal wage and hour requirements, prompting many employers to change their tune.

By Valerie Bolden-Barrett • July 5, 2018

IHOP dishwasher allegedly fired for refusing to join prayer group

Many religious discrimination claims arise when an employee's request for an accommodation is not fulfilled, but HR and front-line managers must understand the other ways in which the law applies.

By Lisa Burden • July 5, 2018

Restrictions on spousal visas could cause 'expatriate assignment failure' for H-1B workers

Changes to an employee's personal life can ultimately cost a company directly and indirectly.

By Samantha Schwartz • July 3, 2018