Legal: Page 2
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Catching up on worker classification
Attorney Shannon Farmer discussed independent contractors, interns and volunteers at a recent National Employment Law Institute conference.
By Katie Clarey • June 03, 2019 -
United Airlines workers sue over 100%-healed policy
The lawsuit alleged the company violated the ADA by refusing to accommodate workers with disabilities.
By Lisa Burden • June 03, 2019 -
Maine mandates paid leave for any purpose
An attorney told HR Dive that Maine's "for any purpose" approach is the "next iteration of paid sick leave laws."
By Ryan Golden • June 03, 2019 -
Documentation of employee's poor performance defeats FMLA interference claim
The employee's supervisor "consistently distinguished between [her] performance issues and medical needs," the 9th Circuit said.
By Lisa Burden • May 31, 2019 -
4th Cir. upholds age bias verdict for Time Warner worker fired after single infraction
The jury could have reasonably believed that the termination "was such an extreme overreaction as to be pretextual," the court said.
By Lisa Burden • May 30, 2019 -
Workers on FMLA leave have no right to be 'left alone,' court says
FMLA prohibits "interference" with the rights it guarantees, but employers can still make reasonable requests for information unrelated to a worker's leave.
By Jennifer Carsen • May 30, 2019 -
6th Cir.: Investigation cleared decision to fire women, not men, for policy violation
Employment decisions can be justified if supported by a fair, thorough investigation.
By Jennifer Carsen • May 29, 2019 -
Citgo VP of HR says she was fired for refusing to commit crimes
The plaintiff is requesting a jury trial and more than $1 million in damages.
By Jennifer Carsen • May 28, 2019 -
Demotion of 59-year-old teacher wasn't age bias, 2nd Cir. says
While some of the plaintiff's teaching responsibilities were reassigned to younger employees, most went to older co-workers, the court said.
By Lisa Burden • May 24, 2019 -
Duke settles no-poach class action for historic $54M
The settlement is the second-largest per-capita recovery in the history of antitrust employment litigation, according to the court.
By Jennifer Carsen • May 24, 2019 -
Tech workers' promotion chances decline rapidly after age 36
Many employers have adopted diversity and inclusion initiatives, but they often overlook characteristics like age.
By Valerie Bolden-Barrett • May 24, 2019 -
Sephora to close US stores for inclusion training June 5
"We will never stop building a community where diversity is expected, self-expression is honored, all are welcomed, and you are included," Sephora said.
By Valerie Bolden-Barrett • May 24, 2019 -
Chipotle exec: Soft skills, harassment training key to healthy workplace
Quarterly conversations about culture and harassment policies are crucial, the restaurant's director of field training said at an industry conference.
By Emma Liem • May 23, 2019 -
8th Cir.: Tech fired for walking out on surgery, not FMLA use
A well-documented history of poor performance and warnings meant summary judgment for the employer was appropriate, the court said.
By Lisa Burden • May 23, 2019 -
Supervisor's 'gaydar' comment supports bias claim
The comment both outed the employee and indicated that sexual orientation was somehow relevant to the business, New Jersey's attorney general said.
By Jennifer Carsen • May 23, 2019 -
NLRB to propose property rule in September
The issue deals with worker and union access to employers' property — such as parking lots — for organizing efforts.
By Kate Tornone • May 23, 2019 -
DOL will revisit FMLA regs to reduce employer compliance burdens
Few details have emerged, but the agency plans to request input from stakeholders by April 2020.
By Ryan Golden • May 23, 2019 -
100% healed return-to-work policy leads to $950K settlement
A nationwide health care provider for jails and prisons allegedly fired workers unable to return from medical leave without restrictions.
By Lisa Burden • May 22, 2019 -
EEOC sues O'Reilly Automotive, alleging female workers were solicited for sexual acts
"Employees should not have to choose between enduring abusive sexual conduct or quitting their job," an EEOC district director said.
By Jennifer Carsen • May 22, 2019 -
Jury awards black dancers $3.3M after nightclub assigned them limited, less desirable shifts
The verdict follows eight years of related lawsuits, contempt proceedings and consent decrees, according to EEOC.
By Lisa Burden • May 21, 2019 -
Las Vegas hospital pays $4.25M to settle suit involving auto-deducted breaks
The employees alleged that 30 minutes were automatically deducted from their timecards, regardless of whether they took a full, uninterrupted meal break.
By Jennifer Carsen • May 21, 2019 -
Accommodation request did not 'immunize' worker from termination
The employee's "years of poor performance, not her accommodation request" caused her termination, the 3rd U.S. Circuit Court of Appeals said.
By Jennifer Carsen • May 20, 2019 -
Fisticuffs, not race, caused promotion denial, 1st Cir. says
The plaintiff displayed indisputable conduct problems, but an employee need not be a star performer to establish discrimination.
By Jennifer Carsen • May 17, 2019 -
EEOC: Employer requested medical exams until one supported worker's firing
An employer should be cautious about relying on the opinion of its own health care professional if it is contradicted by the employee's doctor, the agency said.
By Lisa Burden • May 17, 2019 -
Muslim employees accuse Amazon warehouse of bias
The workers said they were denied adequate space and time to pray and were regularly assigned less favorable work compared to white workers.
By Jennifer Carsen • May 16, 2019
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