Compliance: Page 17


  • Elon Musk
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    Omar Marques via Getty Images
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    NLRB can’t order deletion of Musk’s anti-union tweets, 5th Circuit says

    The court held that an employer’s speech, even that which presumably violates the NLRA, is protected by the First Amendment.

    By Oct. 28, 2024
  • A pregnant person is checked with a stethoscope in a doctor's office.
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    PeopleImages via Getty Images
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    PWFA requires accommodation for stillbirth, EEOC says in now-settled lawsuit

    A Florida resort allegedly violated the Pregnancy Workers Fairness Act and the ADA by failing to accommodate a line cook who asked for leave to grieve for her stillborn child.

    By Laurel Kalser • Oct. 28, 2024
  • A printed copy of the EEOC's EEO-1 reporting form and a pen on top of a wooden table
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    Photo Illustration: Shaun Lucas/Industry Dive; Ryan Golden/HR Dive

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    Deep Dive

    EEOC wants to collect pay data again. It might have an easier path to do so.

    The agency’s EEO-1 Component 2 data from 2017 and 2018 is the first of its kind, and advocates believe the exercise is worth revisiting.

    By , Oct. 25, 2024
  • An exterior view of a court house.
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    PierreDesrosiers via Getty Images
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    HR pro claims company fired her for complaint about boss who mocked her disability

    The plaintiff alleged she was let go in retaliation for filing a formal complaint against a manager and requesting accommodations for ADHD.

    By Oct. 25, 2024
  • Man holds sign stating "Paid sick days workers in action" during rally for paid sick leave bill
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    Spencer Platt via Getty Images
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    A federal PTO guarantee? New report proposes amending FLSA to make it a reality.

    The policy, written by a University of Michigan professor and backed by The Brookings Institution, would allow workers to accrue up to 80 hours of paid time off per year.

    By Oct. 24, 2024
  • 0: Hooters Girls train at the Hooters Restaurant inside the now-defunct Hooters Casino Hotel January 30, 2006 in Las Vegas, Nevada.
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    Ethan Miller via Getty Images
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    Hooters’ alleged colorism costs $250,000 in EEOC case

    Following the layoff of about 43 employees in the Greensboro, North Carolina, area in response to the COVID-19 pandemic, Hooters allegedly rehired workers who were predominantly White or had lighter skin.

    By Oct. 24, 2024
  • The front facade of a courthouse is shown, bearing the words "John Minor Wisdom United States Court of Appeals Building Fifth Circuit"
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    Rex_Wholster via Getty Images
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    Opinion

    What the Mayfield ruling means for overtime exemptions

    To prevent costly consequences, employers must proactively review employee classifications, writes Lee Jacobs, a partner at Barclay Damon.

    By Lee Jacobs • Oct. 23, 2024
  • Cropped shot of a team of garbage collectors
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    PeopleImages via Getty Images
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    GFL, Waste Pro to pay millions for settlements of EEOC race and sex discrimination lawsuits

    Waste Pro in Florida will pay $1.4 million and subsidiaries of GFL Environmental in Georgia will pay $3.1 million to settle separate lawsuits with the U.S. Equal Employment Opportunity Commission. 

    By Megan Quinn • Oct. 22, 2024
  • The side view of a Pizza Hut restaurant can be seen, with promotional posters and banners on the windows and walls.
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    Brandon Bell via Getty Images
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    Pizza Hut franchisee to settle delivery drivers’ FLSA dispute for $4.75M

    The drivers alleged their actual payment fell below minimum wage, due to unreimbursed gas costs, vehicle upkeep and more.

    By Oct. 22, 2024
  • The exterior of the Labor Department building, with a sign that says "United States Department of Labor"
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    Alex Wong via Getty Images
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    DOL employees ordered back to the office, despite union’s resistance

    The agency’s largest employee union is “extremely disappointed” in the RTO announcement, its president said.

    By Oct. 22, 2024
  • A customer service or call center employee sits at a desk while using a laptop, headset with microphone and monitor.
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    alvarez via Getty Images
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    Customer service company TTEC faces lawsuit alleging labor violations

    The class-action lawsuit claims that remote customer service agents had to purchase their own equipment without proper compensation, resulting in lost overtime wages.

    By Bryan Wassel • Oct. 21, 2024
  • The Federal Trade Commission headquarters is pictured in Washington, D.C. The agency's proposed noncompete ban may face legal challenges on several grounds.
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    RiverNorthPhotography via Getty Images
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    FTC appeals Texas noncompete ban decision to 5th Circuit

    This marks the commission’s second such appeal in as many months.

    By Oct. 21, 2024
  • Empty Southeastern Pennsylvania Transportation Authority (SEPTA) buses are parked at a large facility.
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    William Thomas Cain via Getty Images
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    Lack of doctor visits dooms bus driver’s FMLA claim, 3rd Circuit holds

    The court said the employee failed to show that his condition — migraines — was a chronic serious one.

    By Oct. 21, 2024
  • The Credit One Bank logo is displayed on the company's headquarters building.
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    JHVEPhoto via Getty Images
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    Court: HR generalist laid off during medical leave has no ADA claim

    Credit One Bank provided a legitimate, nondiscriminatory reason when it eliminated the plaintiff’s position, according to the 9th Circuit.

    By Oct. 18, 2024
  • A person works on code on a computer monitor.
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    Tirachard via Getty Images
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    Opinion

    How HR can avoid algorithmic discrimination when using AI

    HR leaders can take proactive steps to establish organizational standards and processes for using AI in hiring, writes Melanie Ronen, partner at Stradley Ronon.

    By Melanie Ronen • Oct. 15, 2024
  • The exterior of TransUnion's headquarters building displays the company's logo with a United States flag in the background
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    JHVEPhoto via Getty Images
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    TransUnion settles job applicant’s claim that firm’s background check was bogus

    The plaintiff sought a Chick-fil-A delivery driver role, but two false misdemeanor convictions on TransUnion’s report tanked his candidacy, he alleged.

    By Oct. 14, 2024
  • Spectators watch a San Diego Wave game.
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    Retrieved from San Diego Wave on October 14, 2024
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    San Diego Wave maintained toxic culture, lawsuit alleges

    The professional soccer team’s top management failed to properly address complaints and fired or forced workers to resign, according to court documents.

    By Laurel Kalser • Oct. 14, 2024
  • Jim Trotter, Rod Woodson, and Steve Wyche host panel at Super Bowl LIII Experience with football fans in the background
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    (2019). [Photograph]. Retrieved from Wikimedia Commons.
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    NFL to settle ex-reporter’s race bias lawsuit with donation to scholarship fund

    Former NFL Media sports writer Jim Trotter alleged the league retaliated against him after he asked officials about a lack of Black representation in management.

    By Oct. 11, 2024
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/HR Dive
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    Employer resolves EEOC allegations that it fired pregnant visa holder, sent her to Mexico

    Title VII’s discrimination prohibitions apply to all workers regardless of their citizenship or immigration status, the commission has said.

    By Oct. 11, 2024
  • The Society for Human Resource Management logo is visible on the exterior of SHRM HQ
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    Caroline Colvin/HR Dive
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    Jury may decide whether SHRM conducted sham bias investigation

    The association’s HR department allegedly prepared an employee’s termination paperwork before investigating her retaliation claim. SHRM said it is prepared to “vigorously” defend the lawsuit.

    By Oct. 10, 2024
  • An empty and dated motel room
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    sequential5 via Getty Images
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    Moldy motel rooms, unlicensed drivers: DOL bans Washington labor contractor from H-2A program

    Among other violations, Harvest Plus LLC transported H-2A workers in “dilapidated” vehicles without seatbelts.

    By Oct. 10, 2024
  • Column

    ‘The Silence of the Lambs’ may be decades old, but the FBI allegedly still treats trainees like Clarice

    Gender discrimination, particularly at work, is a real-life “American Horror Story.”

    By Oct. 9, 2024
  • The outside of a Home Depot store
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    Brandon Bell via Getty Images
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    Home Depot named in negligent hiring lawsuit alleging security guard fatally shot customer

    Reasonable employment practices should not have led to hiring the security guard and placing him as an armed guard in a high-risk location, the complaint alleged.

    By Laurel Kalser • Oct. 8, 2024
  • The Indeed Tower on a sunny day in Texas.
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    Brandon Bell via Getty Images
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    Indeed lawsuit claims ZipRecruiter poached customers, spread misinformation

    “It is surprising they have taken this step rather than work to address the industry-wide confusion on the implications of their policy changes,” a ZipRecruiter spokesperson told HR Dive.

    By Oct. 8, 2024
  • A collage shows a notebook with the words "Equal Employment Opportunity Commission" next to a judge's gavel.
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    syahrir maulana/iStock/Getty Images Plus via Getty Images
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    Construction firm suggested woman worker take night shift after enduring slurs, harassment

    A woman worker was given the choice to switch to the night shift or hand in her keys after cooperating with an internal investigation, according to the complaint.

    By Joe Bousquin • Oct. 7, 2024