Don’t try to wait out Trump change to NLRB captive-audience ban, attorneys say

One attorney advises clients not to risk being the test case for the NLRB’s new prohibition, regardless of how long the ban ultimately lasts.

By David Weisenfeld • Dec. 2, 2024

Mailbag: We lost an employee’s Form I-9. How do we fix this?

“Explain fully that you seem to have misplaced the I-9s,” according to one expert. “ICE will go a lot easier on you.”

By Kate Tornone • Nov. 27, 2024

Waffle House claims NLRB process is unconstitutional

The casual chain has faced union organizing activity for over a year, and it now wants the court to weaken the agency tasked with regulating labor law.

By Aneurin Canham-Clyne • Nov. 25, 2024

Jury delivers $2.17M judgment against SkyWest Airlines for sex discrimination

The U.S. Equal Employment Opportunity Commission, which filed the lawsuit, said the award is the largest it has ever obtained in the Northern District of Texas.

By Emilie Shumway • Nov. 25, 2024

What employers should know now that the 2024 overtime rule is vacated

One attorney cautioned against dropping workers’ recently changed nonexempt status too quickly or without careful consideration.

By Emilie Shumway • Nov. 25, 2024

Trump nominates Rep. Lori Chavez-DeRemer for secretary of labor

The Teamsters president voiced support for Chavez-DeRemer, saying she previously pledged to “protect and respect labor in America.”

By Ginger Christ • Nov. 23, 2024

‘People are running for the hills’: Employers brace for Trump’s immigration plan

Attorneys at SHRM’s Workplace Law Forum said attendees may want to preventively act on items such as Form I-9 compliance and skilled worker visa applications.

By Ryan Golden • Nov. 22, 2024

HR should be ‘very careful’ as reverse discrimination lawsuit risk grows, attorneys say

The outcome of a reverse discrimination case the U.S. Supreme Court will soon hear could shift its Title VII precedent.

By Ryan Golden • Nov. 22, 2024

Procedural disputes headline Amazon, SpaceX 5th Circuit case against NLRB

The two companies argued that the labor board’s structure is unconstitutional and that they were deprived of their right to a jury trial.

By Ryan Golden • Nov. 20, 2024

Department of Defense must face charge that use of breathalyzer test was discrimination, court decides

The U.S. Department of Defense allegedly discriminated against a school psychologist based on the worker’s alcoholism, the lawsuit alleged.

By Ginger Christ • Nov. 19, 2024

Feds fine logistics company for failing to include bonuses in workers’ overtime rates

Overtime miscalculations are among the most common violations found in U.S. Department of Labor investigations, an official said Nov. 15.

By Ryan Golden • Nov. 18, 2024

Trader Joe’s took unlawful steps to stop employees from supporting unionization, NLRB rules

Preventing workers at a store in Hadley, Massachusetts, from wearing union insignia violated the National Labor Relations Act, an administrative law judge for the federal agency found.

By Sam Silverstein • Nov. 18, 2024

FMLA covers time off for clinical trials, DOL says

A treatment need not meet certain criteria for efficacy to qualify an employee for FMLA leave, an agency official wrote in an opinion letter.

By Kate Tornone • Nov. 18, 2024

Jury awards Catholic woman nearly $12.7M in lawsuit over COVID-19 vaccine

Blue Cross Blue Shield of Michigan refused to engage in any meaningful dialogue to identify possible accommodation options, the complaint alleged.

By Laurel Kalser • Nov. 18, 2024

Interview notes defeat worker’s retaliation claim, appeals court rules

In asking all candidates the same questions and ranking them according to the same criteria, Port Authority Trans-Hudson Corp. successfully showed a fair process, the court found. 

By Emilie Shumway • Nov. 18, 2024

Smithfield pays $2M to settle child labor allegations at Minnesota meat plant

Children between the ages of 14 and 17 were employed at a processing facility, with most working after 9 p.m., according to a two-year state audit.

By Nathan Owens • Nov. 15, 2024

Only incurred expenses may be excluded from overtime calculations, DOL says

The agency’s Nov. 8 opinion letter deals with a “tricky” area of wage-and-hour compliance, Jackson Lewis attorneys said.

By Ryan Golden • Nov. 15, 2024

$35K overtime salary threshold back in effect

A federal judge ruled that the Department of Labor’s 2024 rule exceeded the agency’s authority and is unlawful.

By Ginger Christ • Updated Nov. 15, 2024

This week in 5 numbers: NLRB overturns 76-year-old precedent

Here’s a roundup of numbers from the last week of HR news — including the share of job postings listed as "fully remote" last summer.

By Ginger Christ • Nov. 14, 2024

‘It would be an honor’: SHRM’s Johnny C. Taylor reportedly on Trump’s short list for labor secretary

The president and CEO of the world’s largest HR organization joins several potential nominees, including Trump’s former acting labor secretary.

By Kate Tornone , Ryan Golden • Nov. 14, 2024

Back to Basics: What is intermittent FMLA leave, and why is it so hard to manage?

Effective managerial training and prompt medical certification can go a long way toward ensuring compliance, Littler Mendelson’s Jeff Nowak told HR Dive.

By Ryan Golden • Nov. 13, 2024

Captive audience meetings are unlawful, NLRB says

The meetings, a common strategy for employers during union drives, “have a reasonable tendency to interfere with and coerce employees” in the exercise of their rights, the Board decided.

By Emilie Shumway • Nov. 13, 2024

NLRB: Grindr retaliated against unionizing workers by forcing a return to office

Grindr announced the RTO plan in early August 2023, shortly after workers publicly announced plans to unionize, the complaint alleged.

By Ginger Christ • Updated Nov. 14, 2024

Is favoritism at work illegal?

Woods Rogers attorneys offer a playbook for investigating employee complaints about favoritism.

By Leah Stiegler and Emily Kendall Chowhan • Nov. 13, 2024

TikTok inside sales reps who say they were denied overtime file class-action lawsuit

In a class-action lawsuit filed Monday, a group of sales workers said they were improperly classified and that TikTok acted “willful[ly] and in bad faith.”

By Emilie Shumway • Nov. 12, 2024