Compliance: Page 34


  • The Federal Trade Commission headquarters is pictured in Washington, D.C. The agency's proposed noncompete ban may face legal challenges on several grounds.
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    Courts split on FTC’s noncompete ban after Pennsylvania judge’s decision

    The ruling comes exactly 20 days after a Texas federal judge placed a partial injunction on the noncompete ban.

    By Updated July 24, 2024
  • A person with dark clothing walks through a corporate campus, show out of focus. The PwC logo in a company sign is shown in the background.
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    PwC pushed out principal 1 day before her assets vested, lawsuit alleges

    While the former employee said she was denied opportunities and pushed out to deprive her of benefits, a PwC spokesperson said the decision was based on “legitimate business considerations.”

    By July 23, 2024
  • U.S. Equal Employment Opportunity Commission exterior
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    Caroline Colvin/HR Dive
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    Contractor settles EEOC claims that VP refused candidates outside of ‘ideal age range’

    The case is one of several in which an employers’ alleged use of coded language became potential evidence in an age discrimination claim.

    By July 22, 2024
  • A collage shows a notebook with the words "Equal Employment Opportunity Commission" next to a judge's gavel.
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    California contractor settles EEOC transgender harassment charge

    An automatic sprinkler installer based in the Bay Area allegedly made verbal and physical threats against a worker due to his gender identity and sexual orientation, the agency said. 

    By Joe Bousquin • July 22, 2024
  • Walmart storefront.
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    Kaarin Vembar/HR Dive
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    Walmart will pay $2.5M to settle class-action wage claims for pre-shift COVID-19 screening

    The amount the employees recovered was “substantial,” according to the federal court that approved the settlement.

    By Laurel Kalser • July 22, 2024
  • A Dollar General sign as seen from below.
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    Scott Olson / Staff via Getty Images
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    Dollar General settles claim it told older workers to keep up with the ‘millennial team’

    The employer will pay $295,000 to three managers and train retail and human resources employees.

    By July 19, 2024
  • A street view of the National Labor Relations Board in Northwest Washington, D.C.
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    Screenshot: Google Maps

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    NLRB withdraws 5th Circuit appeal of joint employer final rule injunction

    The Board said it would “like the opportunity to further consider the issues identified” in a district court’s injunction while citing other, ongoing legislation relevant to its rulemaking.

    By Updated July 19, 2024
  • Illinois Governor J.B. Pritzker speaks at podium
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    Scott Olson via Getty Images
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    Illinois bans step therapy, health plan prior authorization for emergency mental health care

    The law aims to address healthcare affordability and access issues, but it could result in higher drug spending for some employer plans, an attorney told HR Dive.

    By July 19, 2024
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    Paychex sued for negligence after data breach exposes workers’ names and Social Security numbers

    The plaintiff said the payroll services company “betrayed [the] trust” of workers whose information it handled.

    By July 18, 2024
  • Packaging boxes are wrapped and stacked on pallets in a warehouse, with a trailer at the dock.
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    Construction firm to pay $50K to settle claim it retaliated against HR manager for investigating harassment

    Pro Pallet allegedly chastised the HR manager for investigating the complaint, reassigned major parts of her job to others, and excluded her from meetings.

    By July 17, 2024
  • The exterior of the Supreme Court.
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    Chip Somodevilla via Getty Images
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    Deep Dive

    What employers can expect following the end of Chevron deference

    For one thing, the U.S. Department of Labor’s regulations may not fare well under federal courts’ scrutiny post-Chevron, a former DOL official told HR Dive.

    By July 17, 2024
  • A flyer advertising a job.
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    Joe Raedle / Staff via Getty Images
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    Opinion

    What not to write in job postings

    Job ads can serve as prime vectors for discrimination claims if employers aren’t thoughtful about them, write two management-side attorneys.

    By Emily K. Chowhan and Leah Stiegler • July 17, 2024
  • A lobby is pictured from above with a Workday sign displayed above a front desk area. Workers walk through the lobby and stand at the desk.
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    Courtesy of Workday
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    AI at work

    Lawsuit alleging Workday’s AI tools are discriminatory can move forward, court says

    “Workday’s tools are engaged in conduct that is at the heart of equal access to employment opportunities,” Judge Rita Lin wrote in the decision.

    By Updated July 17, 2024
  • A photo of Washington, DC's city hall.
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    DC restaurant to pay $525K in wage theft settlement

    Swahili Village will pay about $260,000 in back wages to more than 70 workers after Washington, D.C.’s attorney general alleged the restaurant failed to pay minimum wage.

    By Aneurin Canham-Clyne • July 16, 2024
  • Fans watch NCAA March Madness basketball players
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    "NCAA Basketball" by Phil Roeder is licensed under CC BY 2.0
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    College athletes may be employees under the FLSA, 3rd Circuit holds

    The court rejected NCAA and member schools’ arguments that athletes are barred from bringing FLSA claims solely because of a “revered tradition of amateurism.”

    By July 15, 2024
  • A Zaxby's logo used for the chicken chain.
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    Glenn, Miles. (2022). "Zaxby's" [Photograph]. Retrieved from Flickr.
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    Zaxby’s faces lawsuit for allegedly refusing to accommodate pregnant teen

    A manager allegedly told the plaintiff to work in the restaurant’s hot kitchen and fired her because she asked to be reassigned, according to the complaint.

    By Laurel Kalser • July 15, 2024
  • A yellow and black "Dollar General" sign framed by leaves.
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    Justin Sullivan via Getty Images
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    OSHA inks $12M settlement with Dollar General over workplace violations

    The regulator has had an eye on the discount retailer for years, adding Dollar General to its severe violator list in 2022.

    By July 12, 2024
  • A Honeywell sign is displayed June 28, 2001 outside their offices in Murray Hill, NJ.
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    Spencer Platt via Getty Images
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    Honeywell employee fired for skipping DEI training has no bias claim, 7th Circuit affirms

    The decision comes at a time of intense scrutiny of organizational diversity, equity and inclusion initiatives.

    By July 11, 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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    5th Circuit nixes NLRB’s attempt to change its stance on protected misconduct

    The Board’s Lion Elastomers decision violated the manufacturer’s due process rights and exceeded the scope of a remand granted by the court, the court held.

    By July 11, 2024
  • A close-up of DOL Deputy Secretary Julie Su
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    Chip Somodevilla via Getty Images
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    Labor Department, challengers argue over ESG rule’s tiebreaker standard post-Chevron

    A lawyer for the agency said he believes “the logic of the District Court's opinion would produce the same result” under the Loper Bright ruling.

    By Lamar Johnson • July 10, 2024
  • U.S. Equal Employment Opportunity Commission
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    Caroline Colvin/HR Dive
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    EEOC to take another swing at pay data collection, regulatory agenda shows

    The agency required pay data collection once before but abandoned the effort after facing challenges and determining the process was burdensome for employers.

    By July 8, 2024
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/HR Dive
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    Disability nonprofit will pay over $1M for allegedly failing to accommodate deaf workers

    The EEOC’s recently updated guidance on the ADA and hearing disabilities addresses some of the accommodation issues raised in the case.

    By Laurel Kalser • July 8, 2024
  • A person checks their blood sugar levels.
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    8th Circuit revives FMLA, ADA claims that manager was fired due to diabetic episode

    While the manager had violated policy by previously abandoning her shift without warning twice, she may not have been capable of informing the employer the third time, the 8th Circuit found.

    By Laurel Kalser • July 7, 2024
  • Novant, Community Health
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    mphillips007 via Getty Images
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    FTC noncompete ban partially blocked by Texas judge

    Judge Ada Brown held that the agency violated the Administrative Procedural Act and exceeded its statutory authority.

    By Updated July 12, 2024
  • The exterior of the U.S. Department of Labor in Washington, DC.
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    Alex Wong/Getty Images via Getty Images
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    Even as it takes effect, DOL’s overtime rule could still face courts’ wrath

    One potential emerging threat to the rule is the U.S. Supreme Court’s decision to overturn the Chevron doctrine for evaluating agency regulations.

    By July 3, 2024