4 major California employment law changes for 2023

Major themes include compensation and leave, but employers also will need to note legislation that adds retaliation protections, attorneys said.

By Jen A. Miller • Oct. 31, 2022

Court denies employer’s request for plaintiff to undergo psychosexual examination

The examination is reserved for criminal defendants accused of sexual offenses, the Idaho district court explained.

By Emilie Shumway • Oct. 28, 2022

Shipt sued by DC, Minnesota attorneys general over worker classification

Both suits allege the Target-owned delivery company has misclassified its workforce to circumvent labor costs. 

By Catherine Douglas Moran • Oct. 28, 2022

The end of the rainbow (lawsuit): Kroger settles religious bias claim for $180K

Two workers had requested an exemption from wearing the grocer’s four-color heart logo because they believed it was a rainbow that represented support for LGBTQ individuals.

By Kate Tornone • Oct. 27, 2022

Poor interview tanked White athletic director’s race bias claim, 7th Cir. says

Employers can make hiring decisions based on a candidate’s interview performance so long as they don’t allow race to influence the decision, an appeals court confirmed.

By Laurel Kalser • Oct. 27, 2022

Hang new EEO poster ‘as soon as possible,’ EEOC advises

An EEOC spokesperson also told HR Dive how employers with remote and hybrid employees should handle the poster. 

By Emilie Shumway • Oct. 26, 2022

Littler: Former EEOC general counsel ‘intimidating’ employers over abortion travel benefits

In a letter to EEOC, Littler claimed Sharon Fast Gustafson sent such messages to “a large number” of U.S. employers, including some of the firm’s clients.

By Ryan Golden • Oct. 26, 2022

DOL extends comment period for independent contractor rule after stakeholder pressure

Business advocates have largely opposed the rule so far, while individual comments appear mixed.

By Kate Tornone • Oct. 25, 2022

Lawsuit alleges Tesla HR, managers ignored ‘obscene and misogynistic’ music at work

The music contributed to a sexually hostile work environment, the former employee said.

By Kate Tornone • Oct. 24, 2022

DOL: Grape grower illegally gave preference to H-2A visa holders over US workers

“The wages and hours afforded to migrant workers in the H-2A program cannot shortchange U.S. workers,” a DOL district director said.

By Emilie Shumway • Oct. 21, 2022

IRS increases 401(k) contribution limit to $22,500 for 2023

Retirement planning has become a source of stress for workers more than two years into the pandemic.

By Ryan Golden • Updated Oct. 21, 2022

11th Circuit: UPS worker’s FMLA case fell apart due to lack of documentation

The worker submitted a one-page document without much of the required information, the court found.

By Caroline Colvin • Oct. 20, 2022

EEOC: Supervisor fired employee for having a panic attack, violating ADA

A company will pay $175,000 to settle a lawsuit alleging it told a staffing company that an employee had a “nervous breakdown” and that it wished to end her assignment.

By Laurel Kalser • Oct. 20, 2022

Not so fast: EEOC quickly updates revised poster

The revised poster may result in an increase in the number of discrimination charges filed by employees, according to one management-side attorney.

By Ryan Golden • Updated Oct. 21, 2022

Workers fired for hosting Christmas party during COVID-19 fail to show religious discrimination

The 6th Circuit upheld a lower court’s ruling, noting that the two plaintiffs were the only employees in attendance to be terminated.

By Ryan Golden • Oct. 18, 2022

What the White House’s ‘AI Bill of Rights’ blueprint could mean for HR tech

The use of AI in hiring, recruiting and surveillance has shifted from a topic of speculation to tangible reality for many workplaces.

By Ryan Golden • Oct. 18, 2022

DOJ: HR racially harassed employee for reporting ‘abhorrent’ misconduct

A Bartow County employee complained after a co-worker used a racial slur in a text message, the agency alleged in a lawsuit.

By Kate Tornone • Oct. 17, 2022

EEOC’s year-end lawsuit frenzy was more of a flop. So what’s next?

Despite the judicial rejections of its Bostock guidance, one attorney predicts the agency will double down on fighting LGBTQ discrimination.

By Emilie Shumway • Oct. 17, 2022

Seattle, Uber Eats reach $3.3M settlement in gig worker pay case

In the largest settlement under the city’s COVID-19 Gig Worker Premium Pay Ordinance, the aggregator will pay thousands of workers for alleged violations. 

By Aneurin Canham-Clyne • Oct. 17, 2022

SCOTUS ponders: Should a worker making $200K annually be overtime-exempt?

A small wrinkle in the FLSA’s exemption for highly compensated employees poses a conundrum for the high court.

By Ryan Golden • Oct. 14, 2022

DOL: 2 Boston restaurants to pay $195K for minimum wage, OT violations

“Too often, we find violations like these in the food service industry,” a DOL spokesperson said.

By Emilie Shumway • Oct. 13, 2022

EEOC: Staffing firms cannot acquiesce to discriminatory hiring requests

“The customer is not always right,” Kimberly Cruz, EEOC assistant regional attorney in New York, told HR Dive.

By Laurel Kalser • Oct. 13, 2022

SCOTUS won’t decide whether employer violated FMLA by discouraging leave

A corrections officer alleged his employer threatened him with discipline if he took more time off, so he retired.

By Kate Tornone • Oct. 12, 2022

Jury awards $250K to Sam’s Club employee who alleged retaliation for reporting harassment

The employer said it fired the plaintiff because it received a complaint about her, but a jury concluded the termination was retaliatory.

By Kate Tornone • Oct. 11, 2022

DOL proposes ‘totality-of-the-circumstances’ test for independent contractors

Whereas a Trump-era rule established a set of two “core factors,” DOL said its new proposal scraps that idea.

By Ryan Golden • Updated Oct. 11, 2022