Ability to work a rotating shift can be an ADA essential function

Ruling in favor of a Puerto Rico Burger King franchisee, the 1st U.S. Circuit of Appeals held that the employer didn't violate federal law when it denied a manager's request for a fixed schedule.

By Lisa Burden • May 14, 2018

EEOC: Tampa nonprofit questioned male employee's ability to change diapers, work with pregnant women

An applicant allegedly was told the employer didn't have a job for him, yet his less-qualified female subordinate was hired for a newly created position.

By Lisa Burden • May 11, 2018

NLRB considers rulemaking to settle joint-employer uncertainty

The move could bring the end of the Browning-Ferris standard and years of drama surrounding joint employment.

By Valerie Bolden-Barrett • May 10, 2018

Overtime rule pushed to 2019; new 'regular rate of pay' calculation coming

Tip pooling also made a showing in DOL's latest regulatory agenda. But the overtime rule delay, while not entirely unexpected, could spell trouble for the Trump administration's plans. 

By Kate Tornone • May 10, 2018

Employees might believe sexual orientation bias is illegal — and that has workplace repercussions

When employees reasonably believe that they're opposing an activity that Title VII prohibits, the law may protect that opposition regardless of whether they're correct, EEOC says.

By Lisa Burden • May 10, 2018

Chicago Kia dealership pays $100K to settle sexual orientation, disability discrimination claims

The owner of Evergreen Kia allegedly subjected one of its salespersons to harassment because he was gay and had Crohn's disease.

By Lisa Burden • May 9, 2018

Seasons 52 pays $2.85M to settle age discrimination charge

More than 135 applicants alleged they were asked their age during interviews or told, among other things, that "Seasons 52 girls are younger and fresh."

By Valerie Bolden-Barrett • May 9, 2018

Court awards 5 years' front pay to worker denied a disability accommodation and then fired

Because the employee had criminal and medical records that interfered with his ability to find a job elsewhere, the award was appropriate, a federal district court said.

By Lisa Burden • May 8, 2018

Court upholds firing of HR pro who 'embellished' her own resume

The infraction was discovered while the employee was out on leave — a fact that didn't excuse the misconduct.

By Lisa Burden • May 7, 2018

Jury awards $5.1M to 10 workers forced to participate in prayer, religious workshops

The practices were part of a belief system called "Harnessing Happiness" or "Onionhead," created by the aunt of the company's CEO, the complaint alleged.

By Lisa Burden • May 3, 2018

Can you require employees taking FMLA leave to follow your call-in procedures?

Employers need to strike a careful balance between employee rights and the need to maintain staffing levels and deter leave abuse.

By Jennifer Carsen • May 3, 2018

Employers welcome reg rollbacks but EEO, immigration concerns remain

The change in administrations brought relief for employers on several fronts, according to a new Littler Mendelson report. But it also exacerbated other concerns.

By Valerie Bolden-Barrett , Kate Tornone • May 2, 2018

To fix a 'broken' healthcare system, employers need to be proactive

Employers have options, experts at World Health Care Congress 2018 said, but they have to start now to truly help employees.

By Ryan Golden • May 2, 2018

Frito-Lay pays $2.4M to settle applicants' background check claims

Background check missteps continue to result in massive settlement payments for large employers, but the federal government has some guidance.

By Lisa Burden • May 2, 2018

Philadelphia's salary history ban violates First Amendment, judge says

The judge declined, however, to block a portion of the ordinance that prohibits employers from relying on wage history to set pay.

By Kathryn Moody • May 2, 2018

New California independent contractor test assumes workers are employees

The "ABC test," adopted by the state's supreme court April 30, permits workers to be classified as contractors only if all prongs of the test are satisfied.

By Kate Tornone • May 1, 2018

Rosa Mexicano pays $3.6M to settle tip-sharing suit

Tip sharing, or tip pooling, has been a contentious topic the past few months, leaving many employers unsure how to proceed.

By Lisa Burden • May 1, 2018

Southwest employee fired for saying he wanted to bring a gun to work — not FMLA use

Employers often find themselves in the uncomfortable situation of needing to discipline a worker who has recently exercised a job-protected right, but a growing body of case law supports the need to take action.

By Lisa Burden • April 30, 2018

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

Employers can take specific steps to minimize the risk of finding themselves in the headlines for the wrong reasons, writes David W. Garland of Epstein Becker Green.

By David W. Garland • April 30, 2018

Most companies know little about the risks of subcontractors, outsourcing

As more organizations outsource functions and services, the need to understand and address risk escalates — but many are unprepared.

By Valerie Bolden-Barrett • April 30, 2018

DOL uses FLSA's 'hot goods' provision to block clothing shipment

The clothing, which was headed for retailer Charlotte Russe, was produced by underpaid workers, the agency said, rendering it "hot."

By Lisa Burden • April 27, 2018

EEO-1 deadline extended to June 1 at employers' urging

EEOC says that it was unable to respond to an influx of technical assistance requests, and employers asked that it grant them additional time to file their reports.

By Kate Tornone • April 26, 2018

NJ gov signs pay equity bill allowing 6 years of back wages, triple damages

The state's legislature passed a paid sick leave bill that now awaits the governor's signature as well, and a proposed salary history ban has gained some traction.

By Lisa Burden • April 25, 2018

Lowe's policy forbidding workers from discussing pay is unlawful, NLRB judge says

When it comes to pay discussions, NLRA compliance may be more important now than ever.

By Lisa Burden and Kate Tornone • April 25, 2018

In public comments, employers take aim at NLRB's 'ambush' election rule

The Republican-majority NLRB is revisiting the rule — a sign that it may be in the crosshairs for rescission.

By Kathryn Moody • April 24, 2018