Mailbag: An employee’s doctor says they can’t work overtime. Do we need to accommodate that?

The FMLA and ADA weigh heavily in an employer’s assessment of this question, according to experts.

By Ryan Golden • July 27, 2023

ALJ: Dollar General threatened to close store if employees voted for a union

To prevent employees at a Connecticut store from unionizing, Dollar General engaged in “hallmark unfair labor practices,” an NLRB administrative law judge held.

By Laurel Kalser • July 26, 2023

Explore the Trendline➔

Inside the rapidly changing world of compliance

The HR landscape is ever-shifting, leaving compliance professionals to meet today’s requirements while keeping an eye on the future.

By HR Dive staff

NLRB confirms August publication window for joint employer rule

The public comment period for the board’s proposed rule closed in early December 2022.

By Ryan Golden • July 26, 2023

It’s not just Starbucks: Why cafes are hotbeds for unionizing

Workers at dozens of cafes in cities from Seattle to Boston are organizing, a trend experts attribute to low wages, college education and strong social bonds among employees.

By Aneurin Canham-Clyne • July 26, 2023

Court backs HSBC in suit alleging bank recorded employee’s confidential calls

The employee’s mother filed suit against HSBC, claiming that the recordings violated California’s Invasion of Privacy Act.

By Ryan Golden • July 24, 2023

DOL continues crackdown on overtime violations, illegal deductions

The Wage and Hour Division ruled that Bellinger Parts Group will pay 20 workers at six South Carolina Napa Auto Parts stores $66,322 in back wages.

By Caroline Colvin • July 24, 2023

Teamsters call off Yellow strike at 11th hour

The Central States Pension Fund granted the LTL carrier another 30 days to make $50 million in pension and benefit payments.

By Colin Campbell • July 24, 2023

‘Garden leave’ called possible workaround to FTC noncompete ban

Should the Federal Trade Commission finalize its noncompete ban, a company may be able to protect trade secrets by requiring a cooling-off period after an employee leaves. 

By Suman Bhattacharyya • July 21, 2023

USCIS announces new Form I-9, will allow permanent remote review for E-Verify users

The new Form I-9 became available for use Aug. 1.

By Ryan Golden • Updated July 24, 2023

Investment firm to pay $124M to settle 401(k) plan mismanagement allegations

The U.S. Department of Labor joined other parties in suing Ruane, Cunniff & Goldfarb Inc. in 2019.

By Ryan Golden • July 20, 2023

OSHA rule proposal would require construction PPE to fit properly

The regulation update would mandate that employers provide appropriately sized safety gear, which could better protect more workers, especially women.

By Zachary Phillips • July 20, 2023

Court: Case alleging senior facility let residents racially harass staff may move forward

The EEOC is known to flag companies where customers or patients are permitted to harass workers.

By Ginger Christ • July 19, 2023

In-N-Out to discipline employees for wearing masks without a doctor’s note

The policy applies to all store and support associates working in Arizona, Colorado, Nevada, Texas and Utah, with some exceptions.

By Ryan Golden • Updated July 21, 2023

UPS driver wasn’t entitled to preferred ADA accommodation, 4th Cir. rules

The employer engaged in an interactive process and considered the worker’s requests, but ultimately put him on unpaid leave.

By Laurel Kalser • July 19, 2023

ADA didn’t require transfer away from stressful co-worker, 9th Cir. says

It would not be reasonable to require that GlaxoSmithKline create a second shift or build a separate facility to accommodate an employee with depression and anxiety, the appeals court said.

By Kate Tornone • July 18, 2023

UKG agrees to pay up to $6M in lawsuit tied to 2021 breach

The payroll services provider reached an agreement to settle a class action lawsuit tied to a ransomware attack that targeted its Kronos Private Cloud service.

By Matt Kapko • July 18, 2023

Mistaken FMLA eligibility notice supports worker’s lawsuit, court rules

Employers risk liability when they incorrectly approve an employee for Family and Medical Leave Act leave, a new court ruling illustrates.

By Laurel Kalser • July 17, 2023

OSHA heat standard still not in sight

Water, rest, shade and acclimatization help workers stay safe in sweltering temperatures, according to OSHA health scientist Gary Orr.

By Zachary Phillips • July 17, 2023

OSHA electronic recordkeeping rule to take effect in 2024

The rule will require employers with 100 or more employees to submit information from Forms 300 and 301 once per year.

By Ryan Golden • Updated July 17, 2023

Overtime rule arrives at White House, set to undergo review

The Department of Labor said last month it was targeting an August publication date for a proposal to update its FLSA overtime regulations.

By Ryan Golden • July 14, 2023

Why companies should review noncompetes in equity award deals

Given increased government scrutiny, employers need to be mindful of the time periods noncompetes cover and review state-specific requirements, a Baker McKenzie partner said.

By Lyle Moran • July 14, 2023

FTC investigation of OpenAI: What CIOs need to know

The agency’s inquiry is the biggest regulatory challenge to OpenAI since Italy’s ChatGPT ban.

By Lindsey Wilkinson • July 13, 2023

Senate confirms Biden EEOC nominee, cementing Democratic majority

Kalpana Kotagal was confirmed as an EEOC commissioner after a slim victory in the Senate.

By Ginger Christ • July 13, 2023

Kraft Heinz sues Aetna, says insurer breached ERISA fiduciary duties

Aetna wrongly retained millions in undisclosed fees and paid provider claims “that should have never been paid,” according to the lawsuit filed in a Texas federal court.

By Ryan Golden • July 13, 2023

Amazon settles lawsuit alleging COBRA notices were threatening

A former employee alleged the company’s COBRA notices contained an unnecessary “ominous warning.”

By Ginger Christ • July 12, 2023