Compliance: Page 24


  • 18 states challenge EEOC guidance on harassment based on gender identity

    Through the guidance and reliance on Bostock, the agency unlawfully expanded Title VII to include “all transgender-related employment issues,” the states argued.

    By May 14, 2024
  • Close up view of a U.S. Postal Service priority mail shipping box.
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    Brett Carlsen via Getty Images
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    USPS to pay $141K after firing worker for reporting an injury, judge rules

    An OSHA investigator alleged USPS “has a pattern of retaliating against probationary employees who report workplace injuries.”

    By May 14, 2024
  • The Nike swoosh logo is pictured up close.
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    Drew Angerer/Getty Images via Getty Images
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    Class-action suit claims Nike failed to provide pumping breaks, lactation room

    In lieu of a dedicated lactation facility, the plaintiff alleged she was given the choice of pumping in her manager’s office, the store’s bathroom or her car.

    By May 13, 2024
  • The exterior of the U.S. Department of Labor in Washington, DC.
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    Alex Wong via Getty Images
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    Opinion

    A new overtime threshold takes effect in mere weeks. HR should assess its impact now.

    Expecting DOL’s rule to be blocked by July 1 and taking no action could result in millions in liability exposure for even a few misclassified employees, Farella Braun + Martel attorneys write.

    By Holly L. Sutton and Kevin L. Jones • May 13, 2024
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    Luke Sharrett via Getty Images
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    CSX Transportation allegedly punished employees for using FMLA leave on holidays, weekends

    The company also engaged in a “concerted campaign to purge itself” of workers who relied on FMLA leave during times it deemed inopportune, affecting over 140 workers, the class action alleged.

    By Laurel Kalser • May 13, 2024
  • Andy Jassy (right) sits in a suit, looking at Andrew Ross Sorkin (left), also in a suit.
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    Michael M. Santiago via Getty Images
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    Amazon CEO’s comments ‘threatened employees,’ NLRB judge says

    The National Labor Relations Board found that Andy Jassy’s “coercive” statements violated labor law. The ruling may serve as a cautionary tale for those responding to workers’ union activity.

    By May 13, 2024
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    Mark Wilson via Getty Images
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    Feds boost HSA contribution caps for 2025

    The IRS published its annual inflation adjustments for high-deductible health plan regulations Thursday.

    By May 10, 2024
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    aijohn784 via Getty Images
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    New Jersey court says nondisparagement deals don’t hold

    The ruling, which concerns an ex-police officer, comes amid a broader movement to limit employer use of NDAs.

    By May 9, 2024
  • President Joe Biden hands Vice President Kamala Harris a pen used to sign an executive order at the White House.
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    Chip Somodevilla via Getty Images
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    AI at work

    Employers split on using generative AI for HR as legal risks loom

    AI’s status as a mere curiosity for HR did not last very long, but a new Littler Mendelson survey suggests there may still be a significant level of hesitancy from organizations.

    By May 9, 2024
  • Pedestrians are seen in front of the U.S. Chamber of Commerce Building in downtown Washington, D.C.
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    Chip Somodevilla via Getty Images
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    Federal judge halts Chamber’s challenge to FTC’s noncompete ban over a ‘race to file’

    The district court will allow a lawsuit “rais[ing] identical legal theories” filed a day earlier to proceed first.

    By May 8, 2024
  • The view of two businesspeople walking side by side, the person on the left wearing a pencil skirt and the person on the right in a suit.
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    LENblR via Getty Images
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    Employee has Title VII claim she was fired due to ‘stand by your man’ stereotype, court says

    The court acknowledged the case could be complicated by the plaintiff's history, in that she had previously left her role alongside her partner.

    By Laurel Kalser • May 8, 2024
  • The front facade of a courthouse is shown, bearing the words "John Minor Wisdom United States Court of Appeals Building Fifth Circuit"
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    Rex_Wholster via Getty Images
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    NLRB appeals joint employer ruling to 5th Circuit

    A federal judge vacated the Board’s joint employer final rule in March, holding that it was “contrary to law” and “arbitrary and capricious.”

    By May 7, 2024
  • The exterior of the Labor Department building, with a sign that says "United States Department of Labor"
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    Alex Wong via Getty Images
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    Insurance groups challenge DOL fiduciary rule as ‘an assault on insurance agents’

    The lawsuit is the latest in a series of legal challenges President Joe Biden’s agencies are facing this spring.

    By May 7, 2024
  • The U.S. Supreme Court is seen in spring through the branches of a tree.
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    Anna Moneymaker via Getty Images
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    Opinion

    HR should review job descriptions, arbitration agreements in light of Bissonette

    Employers should anticipate an uptick in employees pushing back on arbitration agreements, write Ian A. Wright and Kaitlin Owen of Alston & Bird.

    By Ian A. Wright and Kaitlin Owen • May 7, 2024
  • President Joe Biden signs a piece of paper while seated.
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    Chip Somodevilla via Getty Images
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    Biden vetoes congressional effort to toss NLRB joint employer rule

    Without the rule, employers “could more easily avoid liability simply by manipulating their corporate structure,” the president said Friday.

    By May 6, 2024
  • A Black worker wearing a McDonald's visor, with expresive eyes; they hold up an sign with the image of Ronald McDonald. It says, "Times Up, Clown."
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    Scott Olson via Getty Images
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    Deep Dive

    ‘Quiet on Set’ highlighted sexual assault of minors in Hollywood. But this workplace issue hits close to home, too.

    It’s easy for employers to think a strong HR department is fungible, an EEOC official said, “but it's absolutely necessary for a company to survive.”

    By May 6, 2024
  • People working at a chicken factory.
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    andresr via Getty Images
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    California poultry processors will pay over $5M to resolve overtime, child labor allegations

    The U.S. Department of Labor called it “one of the largest wage violation settlements ever reached" for domestic poultry workers.

    By May 3, 2024
  • Shot of Google's NYC headquarters
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    Michael M. Santiago via Getty Images
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    Former Google workers file labor board complaint over protest-relating firings

    The ex-employees said the tech giant violated their labor rights when firing at least 28 employees for protesting against its cloud services contract with the Israeli government.

    By Lamar Johnson • May 3, 2024
  • Upset frustrated and confused female worker folding hands on chin feels puzzled having problem troubles and doubts about business moments, sitting in shared modern office with multinational coworkers
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    fizkes
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    Column

    Back to Basics: What is a hostile work environment?

    The burden of proof is always on the employee, a law firm partner told HR Dive.

    By May 2, 2024
  • Cropped shot of wrinkled hands, with nail polish and a wedding ring, typing on a laptop keyboard
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    PeopleImages via Getty Images
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    Georgia retirement community to shell out $78,000 for age, disability discrimination

    Along with paying the fired receptionist monetary relief, Covenant Woods must stand up an anti-discrimination training program.

    By May 2, 2024
  • Tesla cars drive in the Central Station during a media preview of the Las Vegas Convention Center Loop on April 9, 2021 in Las Vegas, Nevada.
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    Ethan Miller via Getty Images
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    Vegas contractor and Elon Musk’s Boring Co. among ‘Dirty Dozen’ list

    A national safety group named 12 companies that have allegedly flaunted worker health and safety and disregarded employees’ rights.

    By Zachary Phillips • May 2, 2024
  • Two men with masks wash their hands on a farm with a line of workers behind them
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    Brent Stirton via Getty Images
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    Temporary farmworker protections strengthened in final Labor Department rule

    Farm groups say the new regulations, which aim to safeguard organizing activity, add more compliance costs to the H-2A visa program.

    By Sarah Zimmerman • May 1, 2024
  • New York Gov. Kathy Hochul gives a speech on the Hudson River tunnel project at the West Side Yard on January 31, 2023 in New York City.
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    Michael M. Santiago via Getty Images
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    New York becomes first state to mandate paid time off for prenatal care

    Beginning in 2025, pregnant employees will be eligible for 20 hours of leave, separate from the state’s paid family and medical leave.

    By May 1, 2024
  • A person walks toward the door of the U.S. Department of Labor building.
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    Kate Tornone/HR Dive
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    DOL issues guidance addressing AI’s interaction with FMLA, FLSA

    The updates come six months after President Joe Biden issued an executive order on AI use.

    By May 1, 2024
  • Swift freight is hauled southbound on I-95 in Virginia in January 2023.
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    David Taube/HR Dive
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    Freight transport company’s driver’s license rule discriminates against foreign-born applicants, lawsuit alleges

    The applicant alleged the Swift recruiter told him that except for not meeting the driver’s license requirement, he was “exactly what they need,” according to the complaint.

    By Laurel Kalser • April 30, 2024