Legal: Page 2

Metals company settles EEOC claim it refused to hire workers over 40

The Age Discrimination in Employment Act forbids discrimination on the basis of age against employees and applicants who are 40 years old or older.

By Lisa Burden • March 24, 2020

NLRB suspends representation elections due to coronavirus

The suspension lasts through April 3, but the Board said it will monitor the situation and adjust the date as necessary.

By Jennifer Carsen • March 24, 2020

DOL to observe 30-day 'temporary non-enforcement' of coronavirus paid leave law

Employees could still sue over non-compliance despite the notice, an attorney told HR Dive.

By Ryan Golden • March 24, 2020

Deep Dive

5 things to know about the new coronavirus paid leave law

A number of small businesses are "despondent," one source told HR Dive. But there's hope the federal government could soften the the law's impact.

By Ryan Golden • March 23, 2020

Employers can screen workers, applicants for fevers, EEOC says

Employers also may ask workers who call in sick if they are experiencing COVID-19 symptoms, the guidance said.

By Lisa Burden • March 23, 2020

SUNY official fired over performance, not sexual orientation, 2nd Cir. says

The school provided "overwhelming evidence" he was terminated after declining performance, extensive absences and insubordination, the court said.

By Lisa Burden • March 23, 2020

California relaxes notice requirements for coronavirus-related layoffs

Many states have their own so-called mini-WARN laws that provide workers with greater protections than federal law.

By Jennifer Carsen • March 23, 2020

9th Cir.: City electrician with record of insubordination failed to show bias

When HR interviewed the employee's colleagues, several "voiced concerns," including allegations that she threatened them with gun-like hand gestures.

By Jennifer Carsen • March 23, 2020

Feds OK remote I-9 document review

Employers with workers taking physical proximity precautions due to COVID-19 now have some leeway for new hires.

By Kate Tornone • March 20, 2020

Court: Manufacturer's firing of African-American worker with last-chance agreement wasn't 'fishy'

Employers generally are free to make personnel decisions as long as the moves are motivated by legitimate, non-discriminatory reasons, courts say.

By Lisa Burden • March 19, 2020

Judge invalidates federal guidances that led to 'slower' H-1B processing

The ruling is the latest in a series of challenges plaguing administration of the H-1B visa program.

By Ryan Golden • March 19, 2020

Trump signs emergency coronavirus bill expanding FMLA, granting paid leave

The bill contains two key provisions covering workers employed by private entities and individuals that employ fewer than 500 employees.

By Ryan Golden • March 18, 2020

Documentation of poor performance defeats supervisor's race bias claim

The 6th Circuit noted the employer's multiple warnings that provided "many specific examples of ... substandard performance."

By Lisa Burden • March 18, 2020

'Abrasive' car salesman can move forward with age bias claim, 6th Cir. says

According to the AARP, workplace ageism remains the "last acceptable bias in America."

By Jennifer Carsen • March 17, 2020

NJ employers may need to accommodate medical marijuana use

HR pros face challenges in the space as states increasingly adopt laws allowing such use.

By Lisa Burden • March 17, 2020

Employer can't pin overtime violations on payroll employee, 9th Cir. concludes

The court said the staffing company could not avoid liability even though the move was taken at the direction of a client.

By Jennifer Carsen • March 16, 2020

Employee who allegedly used FMLA to attend NFL game has no claim, court says

Federally protected leave and vacations aren’t mutually exclusive, experts have said, but there are limits.

By Lisa Burden • March 16, 2020

Firefighter's self-assessed back injury not an ADA disability, 9th Cir. says

While 2009 amendments lowered the law's threshold for coverage, employees still must meet certain standards.

By Lisa Burden • March 16, 2020

Report: House scales back coronavirus leave bill, sends revisions to Senate

The U.S. Senate could take up the bill as early as Tuesday.

By Kate Tornone , Ryan Golden • UPDATED: March 17, 2020 at 9:36 a.m.

Dept. of Labor addresses coronavirus' FMLA, FLSA implications

Among other things, the agency discusses whether those unable to work from home must be paid and whether leave to avoid the pandemic is protected.

By Jennifer Carsen • March 13, 2020

Lawmakers, nurses demand increased Coronavirus protections for healthcare workers

House Democrats proposed a bill for an emergency temporary standard as nursing organizations held rallies to voice their concerns.

By Sheryl Estrada • UPDATED: March 13, 2020 at 5 p.m.

White accounting assistant's discipline based on mishandling money, not race, 3rd. Cir. says

The employee was suspended without pay after $500 went missing and police concluded they had sufficient evidence to arrest her.

By Lisa Burden • March 12, 2020

Manufacturer to pay $93K to settle claims it permitted 'an ugly mix' of sexism, racism

The settlement also requires that the company provide extensive training to its owner, managers and employees.

By Lisa Burden • March 11, 2020

Congressional Dems push for guaranteed paid sick leave in response to coronavirus

Access to paid sick leave has grown since 2010, but that access is still not uniform in the U.S.

By Ryan Golden • March 11, 2020

Marriott worker called 'Egyptian rat' can proceed with claim, 2nd Cir. says

The plaintiff said he drove to company headquarters to complain when HR didn't respond, allegedly to no avail.

By Jennifer Carsen • March 11, 2020