As more directors receive harassment training, notable gaps remain

After #MeToo, HR observers expected more workplaces to act quickly to update training guidelines. But that hasn't necessarily been the case.

By Valerie Bolden-Barrett • July 23, 2018

Gas station's occasional cash payments for overtime didn't fulfill FLSA requirements

DOL said the employer paid workers $100 cash on an occasional basis, without regard to the number of overtime hours they actually worked.

By Lisa Burden • July 23, 2018

HR pro's request for new supervisor wasn't a reasonable accommodation

In a suit involving the University of Pennsylvania Health System, the 3rd Circuit made clear that the ADA does not entitle employees to their preferred accommodations.

By Lisa Burden • July 20, 2018

Manufacturer pays $1M for 180-day, no-fault attendance policy

Such policies violate the ADA, EEOC says, because the law requires that each request be evaluated individually.

By Kathryn Moody , Valerie Bolden-Barrett • July 20, 2018

Web accessibility isn't a 'one-and-done' task

While online access isn't the only way, employers need to remember that the ADA requires that application and interview processes be accessible.

By Riia O'Donnell • July 19, 2018

Employer pays $98K to settle temp's failure-to-hire charge

Front-line managers continue to cause a large number of discrimination claims, experts say, but there are several types of training that can help.

By Kate Tornone , Riia O'Donnell • July 19, 2018

Researchers: H-1B workers bring innovation to business

As the skills gap continues to vex employers, more are looking to foreign talent to bridge the gap — and for good reason, a new study claims.

By Katie Clarey • July 19, 2018

Nursing aide harassed by patient can take claims to trial, 5th Cir. says

Inappropriate comments and incidental contact are common in certain fields, but employers still must take steps to protect employees.

By Lisa Burden • July 19, 2018

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