Legal: Page 2

9th Cir. OK's Taco Bell policy that employees remain on site with discounted food

An employee had alleged that the policy violated California law, which requires that workers be allowed to use their breaks in any way they wish.

By Lisa Burden

No regular 'de minimis' off-the-clock work in CA, court says in Starbucks case

Advances in technology are reshaping our understanding of what fractions of time can be reliably measured, the state's high court said.

By Lisa Burden

H-1B visa denials, RFEs swelled in Q4 2017

Both upward trends followed the Trump administration's "Buy American and Hire American" executive order, the National Foundation for American Policy said.

By Valerie Bolden-Barrett • July 30, 2018

11th Cir. won't reconsider position that Title VII excludes sexual orientation

In a scathing dissent accompanying the en banc denial, Judge Robin Rosenbaum declared the issue "indisputably en-banc-worthy."

By Lisa Burden

Study: Men and women disagree over impact and tracking of harassment

When asked if women and men were allies on attaining gender equality, 54% of men said yes, while only 31% of women said the same. 

By Valerie Bolden-Barrett • July 27, 2018

Full-time presence not necessarily essential for HR generalist, 6th Cir. says

Courts tend to give significant weight to an employer's assessment of which functions are essential; as a recent case shows, it's not the only factor.

By Lisa Burden

In-N-Out employees had a right to wear 'Fight for $15' buttons, 5th Cir. says

The court said the employer's blanket ban on buttons violated the NLRA, but In-N-Out said it will ask the Supreme Court to weigh in.

By Lisa Burden

NC Golden Corral pays $85K to settle claims that manager harassed worker with autism

The EEOC said it takes allegations involving misconduct and an employer's failure to stop it seriously, and will prosecute cases involving such abuse.

By Lisa Burden

Sexual harassment reporting process doesn't prevent liability, 3rd Cir. says

An employee's fear of retaliation can leave an employer defending a claim from someone who never complained.

By Lisa Burden

Opinion

Developing an effective third-party compliance training program

Third-party due diligence programs have become the focus of compliance departments, but monitoring third parties after initiating a relationship is also necessary, said Valerie Charles of GAN Integrity.

By Valerie Charles

Minimum wage doesn't apply to contractors' seasonal, recreational services, DOL says

The Trump administration holds that implementation of the Obama-era order threatened to "significantly raise" the cost of guided hikes and tours on federal lands.

By Lisa Burden

Vermont's harassment bill establishes a new target: 'No rehire' clauses

Multiple states are considering legislation to ban non-disclosure agreements covering sexual misconduct, but this is the first bill passed that includes language on such clauses.

By Valerie Bolden-Barrett • July 24, 2018

As more directors receive harassment training, notable gaps remain

After #MeToo, HR observers expected more workplaces to act quickly to update training guidelines. But that hasn't necessarily been the case.

By Valerie Bolden-Barrett • July 23, 2018

Gas station's occasional cash payments for overtime didn't fulfill FLSA requirements

DOL said the employer paid workers $100 cash on an occasional basis, without regard to the number of overtime hours they actually worked.

By Lisa Burden

HR pro's request for new supervisor wasn't a reasonable accommodation

In a suit involving the University of Pennsylvania Health System, the 3rd Circuit made clear that the ADA does not entitle employees to their preferred accommodations.

By Lisa Burden

Manufacturer pays $1M for 180-day, no-fault attendance policy

Such policies violate the ADA, EEOC says, because the law requires that each request be evaluated individually.

By Kathryn Moody , Valerie Bolden-Barrett • July 20, 2018

Web accessibility isn't a 'one-and-done' task

While online access isn't the only way, employers need to remember that the ADA requires that application and interview processes be accessible.

By Riia O'Donnell • July 19, 2018

Employer pays $98K to settle temp's failure-to-hire charge

Front-line managers continue to cause a large number of discrimination claims, experts say, but there are several types of training that can help.

By Kate Tornone , Riia O'Donnell • July 19, 2018

Researchers: H-1B workers bring innovation to business

As the skills gap continues to vex employers, more are looking to foreign talent to bridge the gap — and for good reason, a new study claims.

By Katie Clarey • July 19, 2018

Nursing aide harassed by patient can take claims to trial, 5th Cir. says

Inappropriate comments and incidental contact are common in certain fields, but employers still must take steps to protect employees.

By Lisa Burden

Judge rejects McDonald's, NLRB joint-employment settlement

NLRB likely will continue to try to resolve the case with a settlement agreement to ensure it can continue with its planned joint-employment rulemaking.

By Kate Tornone • July 18, 2018

Discrimination claim waivers can be 'anticipatory retaliation,' court says

EEOC has taken the position that certain waivers in severance or last-chance agreements can violate federal law, and some courts are entertaining the idea.

By Lisa Burden and Kate Tornone

DOL drops Obama-era persuader rule

The regulation, blocked by a district court during the final weeks of the Obama administration, set out specific requirements for employers facing unionization efforts.

By Ryan Golden • July 18, 2018

Study: Men who fear being seen as incompetent are prone to sexually harassing subordinates

The researchers present the idea that the behavior of sexual predators in the workplace stems from the belief that others think they're ill-suited to their positions.

By Valerie Bolden-Barrett • July 18, 2018