Compliance: Page 2

11th Cir. revives Burger King workers’ suit over no-poach agreements

The case touches on an area of employment law that has garnered strong attention from regulators in recent years.

By Ryan Golden • Sept. 1, 2022

Home-care employer will pay $293K for alleged intentional misclassification

As the U.S. population ages and the need for care services explodes, providers may struggle to recruit and retain workers — an issue tied to persistent FLSA violations, DOL said.

By Laurel Kalser • Sept. 1, 2022

SHRM denies race bias allegations, asks court to dismiss lawsuit

The HR association attributed the plaintiff’s termination to poor performance.

By Caroline Colvin • Aug. 31, 2022

California poised to strengthen pay transparency, reporting mandates

Gov. Gavin Newsom must decide whether to sign the bill into law by Sept. 30.

By Ryan Golden • Aug. 31, 2022

Former Kaiser Permanente professor alleges hostile workplace, false DEI promises

The biologist claimed the medical school is “a hostile work environment for Black doctors, faculty, staff and students.” Commenting to HR Dive, a Kaiser Permanente spokesperson disputed that characterization.

By Caroline Colvin • Aug. 31, 2022

NLRB holds Tesla must permit workers to wear shirts with union insignia

Monday’s decision comes after months of what some observers have termed a lull in precedential decision-making at the agency.

By Ryan Golden • Aug. 30, 2022

Appeals court revives H-2A worker’s claim that FLSA agricultural exemption didn’t apply

The employee was tasked with building livestock enclosures — a duty the 7th Circuit said didn’t necessarily fall within the exemption.

By Laurel Kalser • Aug. 30, 2022

Facebook parent Meta to settle ex-employee’s disability bias claim

The former employee alleged Meta supervisors repeatedly denied accommodation requests and that the company subjected him to a hostile work environment.

By Ryan Golden • Aug. 29, 2022

Court blocks bid to reinstate OSHA pandemic standard for health workers

An appeals court ruled it lacked the authority to force OSHA to make certain rules, leaving discretion up to the workplace safety agency.

By Hailey Mensik • Aug. 29, 2022

Texas harvesting firm settles DOJ claim it discriminated against US citizens

The H-2A visa program generally requires employers to offer agricultural jobs to U.S. workers first, the agency said.

By Kate Tornone • Aug. 26, 2022

SEC adopts pay-versus-performance disclosure rules

The rules, revived from a 2015 proposal, requires companies to include a table tracking both executive compensation and financial performance indicators for a five-year period.

By Grace Noto • Aug. 26, 2022

Ex-USPS worker asks Supreme Court to weigh in on request for Sundays off

If the high court takes up the case, it could revisit a Title VII standard for religious accommodations.

By Kate Tornone • Aug. 25, 2022

Walmart didn’t violate PDA by excluding pregnant workers from light duty, 7th Cir. says

The EEOC lost a Pregnancy Discrimination Act claim against the retail giant because Walmart offered light duty only to those employees injured on the job.

By Laurel Kalser • Aug. 24, 2022

Biden putting heat on companies’ treatment of independent contractors

In the latest move to help workers, two agencies are teaming up to become a more formidable foe of companies using anti-competitive tactics to hold down pay and benefits.

By Robert Freedman • Aug. 24, 2022

H-2B visa holders at risk for wage exploitation, EPI says

Industries that employ the majority of H-2B visa holders have accounted for nearly $1.8 billion in wage and hour violations during the past two decades, the think tank said.

By Ryan Golden • Aug. 24, 2022

Jury should decide whether FMLA request sent via Facebook was valid, 4th Cir. says

Employers should consistently enforce call-in procedures, an expert previously told HR Dive.

By Laurel Kalser • Aug. 23, 2022

In Buffalo, a shaken community pleads the EEOC to take action

Opportunities alone haven’t been enough to help the city’s Black residents break down long-standing barriers, witnesses told the agency.

By Ryan Golden • Aug. 22, 2022

8 takeaways about mental health and the ADA from an EEOC attorney

Everyone should be assessed individually, Sharon Rennert, senior attorney advisor to the EEOC, said in an Aug. 17 webinar.

By Emilie Shumway • Aug. 22, 2022

Judge puts the brakes on Florida’s Stop WOKE Act

The law contains terms so vague that employers and other parties could not determine what speech it prohibits, plaintiffs alleged.

By Ryan Golden • Aug. 19, 2022

Court approves Apple’s $30M settlement with workers over time spent in security checks

The retailer previously required employees to undergo off-the-clock bag searches every time they left the store.

By Emilie Shumway • Aug. 19, 2022

FOIA request prompts feds to ask: Should contractors’ EEO-1 data be made public?

Affected contractors have until Oct. 19 to object to the release of Type 2 Consolidated EEO-1 reports between 2016 and 2020, OFCCP said.

By Ryan Golden • Updated Sept. 19, 2022

4th Cir. holds gender dysphoria may be an ADA-covered disability

Though not directly related to employment policies, the decision could have workplace implications, some observers said.

By Ryan Golden • Aug. 17, 2022

ICE seeks permanent remote I-9 document review

Until recently, ICE required that all employers examine worker identification in person. A temporary pandemic-driven exemption remains in place.

By Kate Tornone • Aug. 17, 2022

Taco Bell franchisee to settle arbitration case that went before SCOTUS

The news may spell the end for one of the Supreme Court’s trio of arbitration cases from its last term.

By Ryan Golden • Aug. 16, 2022

Employer will pay $184K to settle claim it fired a worker with cancer due to COVID-19 concerns

Even if done with good intentions, employers violate the ADA when they “reflexively fire employees after learning of a medical condition,” EEOC has said.

By Laurel Kalser • Aug. 16, 2022