Employers can’t offer severance agreements with nondisclosure clauses, NLRB says

Agreements offered to hospital employees furloughed amid the pandemic violated Section 8 of the NLRA, the Board said in a 3-1 decision.

By Ryan Golden • Feb. 24, 2023

Biden’s DEI executive order aims to set the tone for 2023

The executive order, published Wednesday, mandates that each government agency create an “equity team” and also establishes a DEI steering committee.

By Caroline Colvin • Feb. 23, 2023

Employee making $200K can earn overtime, SCOTUS holds

Michael Hewitt did not meet the Fair Labor Standards Act’s definition of an executive because his pay structure did not constitute a salary, Justice Elena Kagan wrote.

By Ryan Golden • Updated Feb. 22, 2023

Accessing worker’s personal emails may violate federal privacy laws, appeals court warns

Employers should have policies that prohibit employees from saving company information to their personal devices, said one security data attorney.

By Laurel Kalser • Feb. 21, 2023

Food safety company pays $1.5M after DOL finds child labor violations

The violations involved at least 102 children employed at meat processing facilities across eight states, the agency said Friday.

By Ryan Golden • Feb. 21, 2023

Hershey workers want don-doff time pay. Is that covered by the FLSA?

Former and current Hershey workers are looking to sweeten the deal.

By Caroline Colvin • Feb. 17, 2023

Lansing, Michigan, settles claims it terminated employee for not working the Sabbath

The employee, a Seventh-day Adventist, said she had requested the accommodation both during the application process and on her first day of work.

By Ginger Christ • Feb. 16, 2023

In reversal, appeals court OKs forced arbitration

The state’s attempt to sidestep preemption by the Federal Arbitration Act doesn’t work after all, the 9th U.S. Circuit Court of Appeals ruled this week.

By Robert Freedman • Feb. 16, 2023

OSHA to issue special visas to immigrant workers during criminal investigations

Victims of a range of criminal activities may be able to assist law enforcement, the U.S. Department of Labor said.

By Ginger Christ • Feb. 15, 2023

IRS proposes point-of-sale tip reporting

Service industry employers that participate in a proposed voluntary IRS tip reporting program could receive protection from liability under rules that define tips as part of an employee’s pay, according to an IRS announcement.

By Laurel Kalser • Feb. 14, 2023

Monro auto company pays $200K to settle EEOC lawsuit alleging groping, demeaning language

One worker was addressed as “woman,” rather than by her name, the EEOC alleged.

By Emilie Shumway • Feb. 14, 2023

FTC’s noncompete ban could snag even routine NDAs

The days of one-size-fits-all non-disclosure agreements could be over if the Federal Trade Commission prevents companies from limiting where ex-employees can work. 

By Robert Freedman • Feb. 14, 2023

Workers can use FMLA to reduce their hours indefinitely, DOL says

WHD’s response represents its first publicly available opinion letter in years.

By Kate Tornone • Feb. 13, 2023

Pregnant Workers Fairness Act vs. FMLA: Where do they intersect?

The Pregnant Workers Fairness Act takes effect in June 2023. How are these protections different than that of the FMLA? 

By Caroline Colvin • Feb. 12, 2023

Teleworkers’ short breaks are compensable FLSA time, DOL says

“By their very nature, such short breaks primarily benefit the employer,” DOL’s Jessica Looman said in a new Field Assistance Bulletin.

By Ryan Golden • Feb. 10, 2023

Hyundai, Labor Department in talks over child labor allegations at supplier sites

The automaker said it is taking several steps to address the concerns, including adding anonymous tip hotlines and discouraging the use of third-party staffing agencies.

By Megan Ruggles • Feb. 10, 2023

Employer to pay $3.6M to settle claim involving alleged unpaid weekend shifts

Over the past few years, the DOL has zeroed in on FLSA issues.

By Laurel Kalser • Feb. 8, 2023

Report: Walsh to resign as Labor secretary, lead NHL players’ union

President Joe Biden said he nominated Walsh, previously the mayor of Boston, in part due to Walsh’s background as a labor union president.

By Ryan Golden • Feb. 7, 2023

FMLA is ‘only the first step’: Advocates, DOL chief promise fight for paid leave

The secretary of labor, the president of the AFL-CIO and democratic lawmakers gathered to mark the law’s 30th anniversary — and to renew a call for national paid leave.

By Kate Tornone • Feb. 7, 2023

NLRB: Apple illegally interfered with employees’ protected activity

A National Labor Relations Board spokesperson confirmed to HR Dive that the agency found merit to five charges filed by employees.

By Emilie Shumway • Feb. 6, 2023

Ex-P.F. Chang’s employees allege wage-and-hour violations, recordkeeping failures

The suit comes as the restaurant remains in litigation with HR vendor UKG over alleged lost employee data.

By Ryan Golden • Feb. 6, 2023

DOL to alert teachers, care workers to new breast milk pumping rights

Congress expanded workplace pumping rights to millions more workers late last year, guaranteeing them the time and space to pump during the workday.

By Kate Tornone • Feb. 6, 2023

FMLA: The 30-year legacy of a celebrated — and complicated — employment law

The law has helped hundreds of millions of workers in its relatively short history. But the FMLA doesn’t provide paid leave, and employers say it can be difficult to administer.

By Ryan Golden • Updated Feb. 6, 2023

EEOC looks to outsmart AI in employment

While AI technology can revolutionize work and improve efficiency, it’s important to make sure it doesn’t perpetuate discrimination, the EEOC vice chair said.

By Ginger Christ • Feb. 2, 2023

Convenience store company to pay $400K to settle claim managers, CEO ignored sexual harassment

When companies operate with multiple locations separate from the HR department, they may be at particular risk for compliance violations.

By Emilie Shumway • Jan. 30, 2023