Compliance: Page 51
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Dollar Tree agrees to $1.35M OSHA penalty over store safety violations
The DOL said this week that the company also would submit to open inspections and maintain a 24-hour hotline to receive safety complaints, among other concessions
By Daphne Howland • Aug. 24, 2023 -
NYC fast-food chains to pay $4.5M in settlement of fair workweek violations
Fair workweek laws are meant to ensure that hourly workers in targeted industries are given predictable work schedules so they can plan their lives beyond work.
By Laurel Kalser • Aug. 24, 2023 -
Director who performed nonexempt work for 80% of his workday ruled FLSA exempt
The amount of time spent performing certain work “can be a useful guide” in determining exempt status, but time alone “is not the sole test,” according to the FLSA’s regulations.
By Ryan Golden • Aug. 23, 2023 -
Customer service reps allege they’re due back pay for logging in and out of work
The pre- and post-shift tasks are indispensable to a call center employee’s job and compensable under the FLSA, a proposed collective action lawsuit alleges.
By Laurel Kalser • Aug. 23, 2023 -
"1099 14th Street – National Labor Relations Board" by Geraldshields11 is licensed under CC BY-SA 3.0
A vintage NLRB doctrine could soon be revived, removing barriers to unionization
Under the Biden administration's NLRB, overturned board precedents are par for the course.
By Caroline Colvin • Aug. 22, 2023 -
"Eli Lilly Corporate Center, Indianapolis, Indiana, USA" by Momoneymoproblemz is licensed under CC BY-SA 4.0
Eli Lilly enters second age bias settlement in months
Plaintiffs in the most recent suit alleged that the company’s policies resulted in “disproportionate employment” of workers under age 40.
By Ryan Golden • Updated Aug. 22, 2023 -
New Jersey orders 27 Boston Market locations closed for wage violations
The state’s department of labor said it issued a stop-work order after receiving nearly three dozen complaints.
By Kate Tornone • Aug. 21, 2023 -
EEOC alleges Olive Garden asked illegal questions during a job interview
A general manager at a Pennsylvania Olive Garden allegedly asked a candidate questions about his disability, then refused to hire him based on that information.
By Ginger Christ • Aug. 17, 2023 -
Opinion
How employers can adopt new Form I-9 remote review procedures
Daniel Brown of Fragomen, Del Ray, Bernsen & Loewy explains why some employers may feel like they are scrambling in the wake of the new rules.
By Daniel Brown • Aug. 17, 2023 -
Labor Department to host compliance seminars for Davis-Bacon rule change
The agency’s updated prevailing wage regulation takes effect Oct. 23.
By Zachary Phillips • Aug. 17, 2023 -
Opinion
How to avoid FLSA violations when requiring workers to use PTO
A recent court ruling may contain lessons for employers that would like to use workers’ PTO to cover hours not worked, writes Linda Bond Edwards, of counsel with RumbergerKirk.
By Linda Bond Edwards • Aug. 16, 2023 -
‘This is not like the old days’: 8th Cir. rejects employer’s time rounding argument, citing ease of accuracy
FLSA regulations allow rounding, but they also require employees be paid for all time worked.
By Kate Tornone • Aug. 16, 2023 -
Pay transparency
Illinois pay transparency law mandates pay scale, benefits in job postings
The expanded pay transparency law will go into effect Jan. 1, 2025.
By Ginger Christ • Aug. 15, 2023 -
Jury may decide if 5-day workweek was ‘essential’ for Costco cashier
The employee had sought a 4-day workweek as an Americans with Disabilities Act accommodation.
By Laurel Kalser • Aug. 15, 2023 -
Mailbag
Can you provide sample language for our Stericycle disclaimer?
Employers should add a “robust” disclaimer to policies in light of an NLRB ruling limiting workplace civility and social media rules, experts said. Kelly Robreno Koster, partner at Bracewell, provides some sample language.
By Kate Tornone • Aug. 14, 2023 -
Starbucks’ ‘overbroad’ workplace civility rule enforcement overstepped NLRA, agency judge rules
On the heels of NLRB's Stericycle ruling, the ALJ said Starbucks should rescind its “How We Communicate” policy.
By Caroline Colvin • Aug. 11, 2023 -
NLRB says HCA Healthcare ‘unilaterally implemented’ pandemic pay program without union’s input
The NLRB ordered the hospital system to rescind its pandemic pay program.
By Ginger Christ • Updated Aug. 15, 2023 -
Google to pay $8.4 million in overtime settlement
The employer allegedly calculated overtime pay rates incorrectly for workers, thereby shorting staff of wages. In 2018, it paid $5.5 million to settle a different overtime suit.
By Caroline Colvin • Aug. 10, 2023 -
AI at work
Tutoring firm settles claim alleging its recruiting algorithm screened out applicants over 60
EEOC said an applicant was immediately rejected when she used her real birth date, but received an interview when she reapplied using a more recent date.
By Kate Tornone • Aug. 10, 2023 -
North Carolina construction company pays $1.6M following DOL misclassification lawsuit
R&R Construction Maintenance of North Carolina misclassified the employees as independent contractors, violating the FLSA, the agency said.
By Caroline Colvin • Aug. 9, 2023 -
EEOC, Black employee reach settlement in racial discrimination case
The EEOC, which is responsible for ensuring employers don’t discriminate in the workplace, settles in a case alleging racial discrimination against the agency itself.
By Ginger Christ • Aug. 9, 2023 -
5th Cir.: Time off request for substance abuse program wasn’t ADA accommodation request
EEOC and the plaintiff had argued that federal law doesn’t require employees to use a “magic word” when requesting an accommodation.
By HR Dive staff • Aug. 9, 2023 -
EEOC floats pregnancy accommodation rule, seeks employer input
The agency’s proposed rule provides coverage that mirrors Title VII and ADA rules and defines terms like “undue hardship,” “essential function” and “interactive process” in similar ways.
By Kate Tornone • Aug. 8, 2023 -
AI at work
C-suite execs waver on AI amid regulatory uncertainty: KPMG
The technology is drawing close scrutiny in Washington over concerns that it poses risks in areas such as data privacy and security.
By Alexei Alexis • Aug. 8, 2023 -
What should HR know about recent child labor law rollbacks?
Though intended to ease labor shortages, relaxed child labor laws may present a number of risks for employers, sources told HR Dive.
By Ryan Golden • Aug. 7, 2023