Compliance: Page 19
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Chuck E. Cheese parent company sued over workplace sexual harassment
A 17-year-old employee alleged she was inappropriately touched by a manager over a period of months while working at a West Virginia Chuck E. Cheese.
By Aneurin Canham-Clyne • Sept. 13, 2024 -
Kate Tornone/HR Dive
5th Circuit signs off on DOL’s overtime salary basis test
The court’s decision may not be the last word on the issue, however, one attorney told HR Dive.
By Ryan Golden • Sept. 13, 2024 -
Alex Wong via Getty Images
3rd Circuit revives lawsuit against DOL’s home care wage-and-hour final rule
The agency argued that a lawsuit filed by several home care companies was barred by a federal statute of limitations, but the court disagreed, overturning a district court decision.
By Ryan Golden • Sept. 12, 2024 -
Ryan Golden/HR Dive
EEOC: Barber school said having two pregnant workers wasn’t in its ‘best interest’
An applicant was rejected for a hair braider position based on her pregnancy, the lawsuit alleged.
By Ginger Christ • Sept. 11, 2024 -
Retrieved from Alyson Fligg/Department of Labor.
EEOC settles 3 construction harassment cases for a combined $2.9M
The federal workplace watchdog took enforcement actions against Florida-based J.A. Croson, New Jersey's Asphalt Paving Systems and Balfour Beatty's U.S. infrastructure arm.
By Joe Bousquin • Sept. 9, 2024 -
Drew Angerer via Getty Images
FedEx required employees with disabilities to be 100% healed, EEOC claims
The company placed employees on leave even when they could perform essential job functions with or without a reasonable accommodation, per the suit.
By Ryan Golden • Sept. 9, 2024 -
LeMay, Warren. (2019). "Potter Stewart US Federal Courthouse, Cincinnati, OH" [Photograph]. Retrieved from Flickr.
6th Circuit revives ADA suit alleging Ohio plant failed to accommodate employee with COPD
An automotive painting company allegedly failed to conduct an “individualized inquiry” into the employee’s actual breathing limitations, the court said.
By Laurel Kalser • Sept. 9, 2024 -
Brian Tucker/HR Dive
Mailbag: We rejected a job candidate. When can we delete their information?
General guidance on this question differs depending on whether the employer is a government contractor, management-side attorneys told HR Dive.
By Ryan Golden • Sept. 9, 2024 -
Stock photo via Getty Images
Opinion7 issues to consider when conducting layoffs
Employers should be aware of their rights and obligations in these difficult situations and plan carefully, write Tamsin Kaplan and Michelle Cassorla of law firm Davis Malm.
By Tamsin Kaplan and Michelle Cassorla • Sept. 6, 2024 -
Photo: Obtained by Industry Dive
Judge sides with UKG in assisted living company’s Kronos outage lawsuit
Aegis Senior Communities LLC failed to show that UKG committed gross negligence and fraud amid a 2021 ransomware attack, a California district court found.
By Ryan Golden • Sept. 6, 2024 -
Mario Tama / Staff via Getty Images
This week in 5 numbers: Employers to evaluate worker experience, safety
Here’s a roundup of eye-catching numbers, from the percentage of workers uncomfortable providing feedback to HR to the growing Hispanic labor force.
By Ginger Christ • Sept. 5, 2024 -
Caroline Colvin/HR Dive
Longtime EEOC employee alleges discrimination by agency
The employee, an enforcement manager, said the agency perpetrated gender, race and national origin discrimination when it passed her over for a promotion, according to a lawsuit.
By Ginger Christ • Sept. 4, 2024 -
Ryan Golden/HR Dive
Republican lawmakers torch EEOC over ‘reckless and avoidable’ furlough saga
The now-canceled plan to make up for a budget shortfall signals “significant mismanagement,” Reps. Foxx and Kiley said in an Aug. 26 letter.
By Ryan Golden • Sept. 4, 2024 -
Joe Raedle / Staff via Getty Images
7th Circuit upholds jury verdict finding Walmart liable for discrimination against worker with Down syndrome
The jury found that Walmart violated the ADA by failing to assess whether the employee missed work due to her disability and whether it could accommodate her with a schedule change.
By Laurel Kalser • Sept. 3, 2024 -
Scott Olson via Getty Images
Manufacturer fired 10 workers without considering their vaccine exemption requests, EEOC alleges
The shop foreman told workers there were “not going to be any exemptions” to its COVID-19 vaccine requirement, the agency said in a complaint.
By Emilie Shumway • Sept. 3, 2024 -
Brandon Bell via Getty Images
OSHA sets late December comment deadline for extreme heat standard
The agency’s proposed rule would require employers to develop heat injury and illness prevention plans, among other actions.
By Ryan Golden • Aug. 30, 2024 -
"1099 14th Street – National Labor Relations Board" by Geraldshields11 is licensed under CC BY-SA 3.0
NLRB appoints David Gaston its first chief AI officer
The creation of the role is tied to President Joe Biden’s October executive order requiring all federal agencies to name someone to oversee AI.
By Ginger Christ • Aug. 30, 2024 -
LesByerley via Getty Images
OSHA cites Texas day care provider after whistleblower reports unsafe, unsanitary kitchens
An employer must pay more than $40,000 in back wages after firing a worker who complained about "severe rashes" from unclean conditions.
By Caroline Colvin • Aug. 28, 2024 -
Jacob Wackerhausen via Getty Images
HR staff failed to investigate reports of sexual harassment, lawsuit alleges
A former X-ray technician for the Surgery Center of New England claims its HR department never responded to reports that two male employees took inappropriate photos of her and showed them to co-workers.
By Laurel Kalser • Aug. 26, 2024 -
Kate Tornone/HR Dive
5th Circuit tosses DOL’s tip credit final rule
The department’s “80/20” guidance for dual job workers is inconsistent with the Fair Labor Standards Act, the court held.
By Ryan Golden , Aneurin Canham-Clyne • Aug. 26, 2024 -
Justin Sullivan via Getty Images
Chipotle ruling exposes murky future of mandatory arbitration
The 8th Circuit’s ruling that a sexual assault claim must go to court sheds light on how the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has shaken up arbitration law.
By David Weisenfeld • Aug. 26, 2024 -
Scott Olson / Staff via Getty Images
DOL is celebrating Labor Rights Week. Here are 7 big cases from summer 2024.
While the agency has pursued a slew of headline-grabbing final rules, these are some individual cases it has also been chipping away at in the background.
By Emilie Shumway • Aug. 26, 2024 -
Drew Angerer via Getty Images
ERISA turns 50 soon. Experts say its evolution isn’t over yet.
Originally aimed at securing private pension plans, the 1974 law has expanded to encompass other retirement plans as well as healthcare benefits.
By Ryan Golden • Aug. 26, 2024 -
xphotoz via Getty Images
GFL and EEOC to settle discrimination suit alleging women were barred from truck driver jobs
The waste management company and its subsidiaries in Georgia are expected to finalize a consent decree with the EEOC, effectively ending the case alleging the companies had a pattern of blocking women from driver roles since 2016.
By Megan Quinn • Aug. 23, 2024 -
"1099 14th Street – National Labor Relations Board" by Geraldshields11 is licensed under CC BY-SA 3.0
NLRB decision does away with consent orders
The board’s Democratic majority said Thursday that such agreements are not supported by agency rules and regulations.
By Ryan Golden • Aug. 23, 2024
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