High-tech FMLA, workers' comp investigations fall in a legal 'gray area'

Twenty years ago, if an employee was suspected of malingering, employer options were somewhat limited. That is no longer the case.

By Jennifer Carsen • Sept. 13, 2018

Harassment need not be 'overtly sexual' to create a claim, 7th Cir. says

Ensuring good faith during harassment investigations is crucial to prevail against resulting litigation, as is thorough documentation.

By Ryan Golden • Sept. 12, 2018

Tech workers at Tesla, Intel say NDAs have 'silenced' them

The agreements have come under intense scrutiny as of late, given their use in handling sexual harassment claims.

By Valerie Bolden-Barrett • Sept. 12, 2018

Trump's driver drops overtime suit, moves to arbitration

While the president may emerge from these claims unscathed, other employers often aren't so lucky. Compliance issues can affect both talent attraction and retention.

By Lisa Burden • Sept. 12, 2018

Applicant can't be required to pay for medical test, 9th Cir. says

The court said that BNSF Railway couldn't single out an applicant with a disability, requiring that he obtain an MRI at his own expense.

By Lisa Burden • Sept. 10, 2018

A 'pain in my butt': UPS manager's comments factor in decision to send ADA case to trial

Supervisors too often let their emotions get the best of them, experts say.

By Lisa Burden • Sept. 7, 2018

#MeToo leads to training mandates (and more)

Only a few new state and local requirements for sexual harassment training have emerged in the past year, writes David W. Garland of Epstein Becker Green, but employers should still be wary.

By David W. Garland • Sept. 7, 2018

Bernie Sanders introduces 'Stop BEZOS' bill

The bill's title is an open jab at Amazon's CEO, and it would require corporations with more than 500 employees to pay taxes for the full amount employees receive in government assistance.

By Corinne Ruff • Updated Sept. 6, 2018

Adecco told applicant he was 'too slow,' EEOC disability suit says

The staffing firm allegedly refused to place the candidate in the job he wanted, instead offering him a job washing cars.

By Riia O'Donnell • Sept. 6, 2018

Federal contractor minimum wage will rise to $10.60 in 2019

The Trump administration made good on many deregulation promises but E.O. 13658 remains, and employers doing business with the federal government will have to be in compliance come Jan. 1.

By Valerie Bolden-Barrett • Sept. 6, 2018

Restaurant pays $45K to settle claim that it paid back-of-house workers a flat rate

Employees covered by the FLSA are generally entitled to overtime pay unless they meet one of several exemptions and the law's salary threshold.

By Lisa Burden • Sept. 6, 2018

Acosta announces new DOL 'compliance assistance' arm

The announcement included the launch of two new websites — Worker.gov and Employer.gov — that will address compliance questions, DOL said.

By Valerie Bolden-Barrett • Sept. 5, 2018

Puerto Rico contractor pays $500K to settle hurricane recovery overtime claim

Employment laws still apply during disasters, and experts suggest that compliance efforts be included in disaster planning so an employer isn't caught off guard.

By Lisa Burden • Sept. 5, 2018

DOL releases updated FMLA forms

There's nothing different about these forms compared to the previous set — save an updated expiration date of Aug. 31, 2021.

By Ryan Golden • Sept. 4, 2018

DC restaurant group plates $1.5M settlement in unpaid work suit

Pre- and post-shift work has been a focus of wage and hour litigation in recent years, and courts are still working to determine which duties are compensable.

By Lisa Burden • Sept. 4, 2018

Coca-Cola to pay $2.25M, update return-to-work policy to settle ADA charge

It also agreed to provide annual financial support to non-profits dedicated to helping individuals with disabilities find and keep employment.

By Lisa Burden • Aug. 31, 2018

Burger King franchisee can't prohibit wage talk in parking lot, NLRB says

While the law allows retail establishments to ban employee solicitation on the selling floor and adjacent areas, the Board said that exception doesn't extend to parking lots.

By Lisa Burden • Aug. 30, 2018

DOL OKs freezing no-fault attendance points during FMLA

No-fault attendance policies are attractive to employers for many reasons, but they must be implemented carefully to avoid FMLA and ADA violations.

By Kate Tornone • Aug. 29, 2018

Workers need not be paid during voluntary wellness activities, benefits fairs

DOL said in an opinion letter that "voluntary wellness activities" that provide direct financial benefit only to employees aren't compensable working time under the FLSA.

By Ryan Golden • Aug. 29, 2018

USCIS extends H-1B premium processing suspension until 2019

In the last year, USCIS has made a series of tweaks and adjustments to H-1B adjudication policies, weaving a complex landscape of policies that petitioners must follow.

By Naomi Eide • Aug. 29, 2018

Organ donors can qualify for FMLA, DOL says

In a letter to the agency, an employer asked whether an employee who donates an organ can qualify, even when the donor is in good health and chooses to donate solely to improve someone else's health.

By Katie Clarey • Aug. 29, 2018

ADA interactive process that took nearly 2 years didn't create an 'undue delay'

Despite the long process, the employer was engaged in good faith the entire time, a federal district court determined, dismissing the employee's suit.

By Lisa Burden • Aug. 29, 2018

DOL seeks input on overtime rule

Next month, in listening sessions around the country, the agency will ask stakeholders for their thoughts on a new overtime threshold.

By Katie Clarey • Aug. 28, 2018

56 Uber workers to split $1.9M sexual harassment settlement

The agreement is part of a broader $10 million settlement agreement. Another 480 employees will receive compensation for alleged pay disparities.

By Ryan Golden • Aug. 27, 2018

Grand Hyatt violated ADA by denying front-desk agent a chair, EEOC says

While the law requires that each situation receive an individual assessment, the agency clearly takes the position that permission to sit often will be a reasonable accommodation.

By Lisa Burden • Aug. 27, 2018