Appeals court revives nurse's ADA suit challenging vaccination requirement

The employee, seeking an accommodation for her anxiety, plausibly alleged that the employer prematurely ceased the interactive process, the court said.

By Lisa Burden • June 14, 2018

Cheesecake Factory found partially liable in $4.57M wage theft case

The case involved 559 subcontracted janitors at eight California restaurants. Workers accumulated up to 10 hours of unpaid overtime per week, according to state officials.

By Valerie Bolden-Barrett • June 14, 2018

Employees not entitled to preferred religious accommodation, 10th Cir. says

An employee who was granted an exemption from mandatory overtime — instead of having it rescheduled — was properly accommodated.

By Lisa Burden • June 13, 2018

Supreme Court won't rule on rest break pay

DOL regulations require that workers be paid for breaks lasting 20 minutes or less. But employers remain free to set certain limits.

By Katie Clarey • June 12, 2018

Nevada gaming company pays $3.5M to resolve suit challenging its 100% healed policy

The EEOC said the Las Vegas employer violated the ADA by failing to provide accommodations for workers with disabilities.

By Valerie Bolden-Barrett • June 12, 2018

At EEOC hearing, witnesses discuss future of confronting harassment at work

The meeting reconvened the commission's Select Task Force on the Study of Harassment in the Workplace to discuss the "cultural awakening" that occurred in the aftermath of the #MeToo movement.

By Ryan Golden • June 12, 2018

Court revives discrimination claim of HR clerk reassigned to 'pulling guts from chicken carcasses'

A reasonable jury could conclude that the HR manager created a new position for the clerk because it was unnecessary and gave him a reason to fire her, the court said.

By Lisa Burden • June 12, 2018

Regular attendance can be an essential function for supervisors, 9th Cir. says

Accurate job descriptions and consistently enforced policies remain key in defending ADA claims.

By Lisa Burden • June 11, 2018

Employee data collection raises ethics concerns for employers

Employees are split over whether they trust their employers with such information, and a majority feel uncomfortable with more explicit tracking technology.

By Valerie Bolden-Barrett • June 11, 2018

Workers name Amazon, Capital One in lawsuit alleging Facebook ads targeted young applicants

Long considered employment's "open secret," the federal government is now taking a closer look at age discrimination in the workplace.

By Lisa Burden • June 8, 2018

Wage theft settlements by top US companies amount to billions

The pervasiveness of wage theft allegations at America's largest employers may be eye-opening, but it's important to note that many corporations view settling as preferable to long, drawn out legal battles.

By Valerie Bolden-Barrett • June 7, 2018

Employer pays $59K to employee harassed, told she should be 'home in the kitchen'

Employers have a responsibility to take complaints seriously, experts say, and they must take prompt and appropriate action to stop any harassment.

By Valerie Bolden-Barrett • June 7, 2018

Busy managers treat employees less fairly, new research shows

Unfair treatment can lead employees to feel overworked and underappreciated, quickly causing turnover — which employers can't afford in this tight talent market.

By Valerie Bolden-Barrett • June 7, 2018

What an employer can do to prevent becoming the next Weinstein or Wynn — Part II

HR needs a plan for addressing harassment claims, and support from the C-suite is vital, writes David W. Garland of Epstein Becker Green.

By David W. Garland • June 7, 2018

Ring: NLRB will publish joint-employment rule 'by this summer'

NLRB has decided that it will not reconsider its decision to vacate Hy-Brand — a case fraught with controversy — paving the way for it to address joint employment via regulation.

By Ryan Golden • Updated June 7, 2018

The future of leave compliance: 3 takeaways from DMEC

A practical, thoughtful approach can help put your programs on the path toward compliance — now and for the future, writes Terri L. Rhodes, CEO of the Disability Management Employer Coalition.

By Terri L. Rhodes • June 6, 2018

Golden Corral pays $3.9M for improper training wages

It's not unusual for employers to try to limit training expenses, but employee pay must still comply with the FLSA.

By Riia O'Donnell • June 5, 2018

Woman, allegedly told she was 'too dark' to work at Olive Garden, may proceed with suit

A generic dispute resolution process clause on an employment application is not enough to compel arbitration, a federal district court has ruled.

By Lisa Burden • June 5, 2018

Employer can't dodge claim that it promised employee a house in lieu of pay

The employee allegedly worked for years without pay, sometimes receiving room and board.

By Lisa Burden • June 4, 2018

Employers shouldn't rush to adopt arbitration agreements in light of 'Epic,' experts say

The Supreme Court's recent ruling, which upheld class action waivers, is widely regarded as a win for employers. But attorneys are urging businesses to exercise caution.

By Lisa Burden • June 4, 2018

Supreme Court again asked to rule on sexual orientation discrimination

A split on the issue has rankled the circuit courts for some time, but the High Court already declined to address the question in December.

By Kathryn Moody • June 1, 2018

Court to Busta Rhymes: No 'celebrity exception' to public FLSA settlements

The artist's chauffeur alleged that he was denied overtime pay, among other things.

By Lisa Burden • June 1, 2018

Is it time to look to foreign workers to fill the skills gap?

Hiring foreign workers can be a lengthy and expensive process, but the payoff can be significant.

By Riia O'Donnell • May 31, 2018

Should employees have a right to disconnect?

In "Other Duties as Assigned," HR Dive senior editor Kate Tornone discusses why a "right-to-disconnect" bill may be just the wake-up call you needed.

By Kate Tornone • May 31, 2018

EEOC investigating Intel layoffs for age discrimination

The agency's Seattle office is looking into whether the 10,000 global job cuts the company made violated the ADEA, The Wall Street Journal reported.

By Valerie Bolden-Barrett • May 31, 2018