Dealership settles claims that it failed to pay salespeople in weeks they didn't sell cars

A commission-based pay structure doesn't alleviate an employer’s responsibility to pay employees at least the minimum wage for all hours worked, DOL said.

By Lisa Burden • May 22, 2018

Staffing company sued for complying with clients' race, sex preferences

EEOC has made clear that client preference is no defense to discrimination charges.

By Valerie Bolden-Barrett • May 21, 2018

Businesses prepare for the worst as H-2B shortages hit close to home

A story playing out in cafes in Cape Cod, Massachusetts, is hitting a range of industries across the U.S.

By Valerie Bolden-Barrett • May 21, 2018

Supreme Court OKs collective action waivers

Although largely expected, the ruling is good news for employers who require workers to arbitrate claims individually.

By Lisa Burden • May 21, 2018

J.C. Penney prevails on loss prevention manager's race discrimination claims

An employee cannot prove discrimination by simply arguing that he was better qualified than the person who received the position he coveted, the 11th Circuit said.

By Lisa Burden • May 18, 2018

Fox News to pay $10M to end a series of race and gender discrimination suits

Organizations and their HR officers who ignore or refuse to act on complaints increase their risk of liability — and create a culture that could stifle innovation and success in the long run.

By Kathryn Moody , Valerie Bolden-Barrett • May 18, 2018

School settles allegations it fired teacher for Suboxone use

The employee was fired 30 minutes into his first workday because of his participation in a medication-assisted treatment program for prior opiate addiction, EEOC alleged.

By Valerie Bolden-Barrett • May 17, 2018

Few employers altered sexual harassment prevention efforts after #MeToo, workers say

In organizations that acted to address sexual misconduct, survey respondents were more likely to say that their employer provides the necessary resources to help them manage stress.

By Valerie Bolden-Barrett • May 17, 2018

In 'unusual' ADA ruling, 5th Circuit affirms finding that employee had no disability

Since the ADA Amendments Act took effect, it's rare to see courts hold that an employee doesn't have a disability. But a recent case presented a "perfect storm" of facts.

By Lisa Burden • May 17, 2018

ICE worksite investigations are already double that of last year

ICE's enforcement efforts should come as no surprise, as the agency began warning employers last year that it planned to at least quadruple investigations.

By Valerie Bolden-Barrett • May 16, 2018

SCOTUS won't review ruling that put accommodation onus on employee

Employers still bear a great deal of responsibility for accommodation ideas, however, especially when it comes to the interactive process.

By Lisa Burden • Updated Jan. 7, 2019

Uber nixes mandatory arbitration for individual sexual harassment claims

Notably, the company also said it would not require survivors to sign NDAs that prevent them from talking about alleged harassment or assault.

By Ryan Golden • May 15, 2018

Lactation room claim may be headed for trial

Litigation around the FLSA's relatively new requirements has begun, but some employers aren't waiting for this new body of case law.

By Lisa Burden • May 15, 2018

Goodwill and an affiliate pay $850K to settle claims they failed to stop sexual harassment

EEOC alleged that six night-shift janitors experienced routine harassment from their direct supervisor. Some of the employees had developmental disabilities and were new to the workforce, the commission said.

By Valerie Bolden-Barrett • May 14, 2018

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