Compliance: Page 57


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    DOL: Tech company Esri will pay $2.3M to settle pay discrimination claims

    Esri paid 176 female engineers less than their male counterparts in 2017, the agency said.

    By Aug. 5, 2022
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    Brian Tucker/HR Dive
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    Mailbag

    Mailbag: What are HR’s options after granting FMLA leave to a noneligible employee?

    Employers must consider a number of factors, from separate leave laws to employee relations, an attorney told HR Dive.

    By Aug. 5, 2022
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    10th Cir. says jury should hear contractor’s racial bias claim, dismisses hearsay argument

    The decision rested on whether independent contractors can be seen as representing a company.

    By Aug. 4, 2022
  • A Chick-fil-A restaurant is seen on July 05, 2022 in Houston, Texas.
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    Brandon Bell via Getty Images
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    Florida Chick-fil-A franchisee to pay more than $12K over child labor violations

    The U.S. Department of Labor’s Wage and Hour Division has signaled in recent weeks that it will more aggressively enforce child labor laws.

    By Aug. 3, 2022
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    Ryan Golden/HR Dive
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    Feds allege EEOC unfairly ended telework for agency employees

    The agency should have bargained with the workers’ union, according to an FLRA charge.

    By Aug. 3, 2022
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    Photo by SHVETS production from Pexels

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    How to discuss abortion access with employees

    Mercer’s policy lead said there’s a compliance angle. Her colleague, a health expert, called for empathy and intention-setting. 

    By Aug. 3, 2022
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    EEOC to hold listening session in Buffalo months after mass shooting

    The event will focus on how the agency can address racial and economic justice during the next five years, according to a statement.

    By Aug. 2, 2022
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    Joe Raedle/Getty Images via Getty Images
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    Employee’s death after confronting shoplifter highlights need for training, OSHA says

    OSHA has proposed $330,446 in penalties against Family Dollar following the death of an employee in Florida after he struggled with a shoplifter.

    By Laurel Kalser • Aug. 2, 2022
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    Kaarin Vembar/HR Dive
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    Class action alleges PetSmart training agreement trapped groomers in debt

    The agreement required groomers to work two years for the company or pay back the $5,000 training value.

    By Aug. 2, 2022
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    Supervisor’s failure to coach employee leads court to revive her ADA claim

    A former call center employee with severe back pain can take her ADA claim to trial because of questionable circumstances leading to her termination, an appeals court held.

    By Laurel Kalser • Aug. 2, 2022
  • Appeals court sends Browning-Ferris orders back to NLRB

    The ruling comes as the agency reportedly prepares new joint employment regulations.

    By Aug. 1, 2022
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    Brian Tucker/HR Dive
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    Mailbag: How does HR explain expanded benefits to those who miss out?

    One consultant's advice? "Don't just single out the hip new thing. Do it across the board."

    By Aug. 1, 2022
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    Brian Tucker/HR Dive
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    Mailbag

    Mailbag: How do emerging leave laws intersect with the FMLA?

    Multi-jurisdiction employers may encounter challenges in navigating the ever-changing patchwork of state and local paid leave laws, according to Alexandra Barnett of Alston & Bird.

    By Aug. 1, 2022
  • A headshot of Jessica Looman, acting WHD head.
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    Retrieved from U.S. Department of Labor.
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    Biden taps ‘logical’ choice — acting WHD head Looman — to lead division

    While Jessica Looman’s focus likely will reflect the administration’s priorities, she has not engendered the hostility of the business community as others have, one source told HR Dive.

    By July 29, 2022
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/HR Dive
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    Report supports pay data collection, EEOC says

    The EEOC-commissioned study laid out several weaknesses and made a number of recommendations for improvement if the agency decides to collect such data in the future, however.

    By July 29, 2022
  • A Honda Manufacturing of Alabama associate installs the back seat in the all-new 2019 Honda Passport.
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    Courtesy of Honda
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    Lawsuit alleges Honda improperly estimated employee hours following Kronos outage

    The employer told HR Dive it is still working to address issues stemming from the December 2021 event.

    By July 28, 2022
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    Brian Tucker/HR Dive
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    Mailbag: When an employee leaves, must we continue long-term disability?

    Attorney Carlton Pilger of Fisher Phillips discusses long-term disability and COBRA.

    By Carla Bell • July 28, 2022
  • Court of Law and Justice Trial Session: Imparcial Honorable Judge Pronouncing Sentence, striking Gavel. Focus on Mallet, Hammer. Cinematic Shot of Dramatic Not Guilty Verdict.
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    gorodenkoff via Getty Images
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    Scientist couldn't show NASA failed to hire him due to race, court says

    While NASA twice went with White candidates over the plaintiff, who is Black, it demonstrated clear and nonpretextual reasons for doing so, a Maryland district court said.

    By July 27, 2022
  • A store sign is seen at a Jiffy Lube store.
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    David McNew / Staff via Getty Images
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    Jiffy Lube settles no-poach lawsuit for $2M

    The plaintiff alleged the company prohibited franchises from hiring each other's workers.

    By July 27, 2022
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    Permission granted by Leo A Daly
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    5th Cir.: ADA didn't protect employee who sleepwalked into colleague's bed

    Even though her actions were caused by a sleeping disorder, an employee was legitimately fired for getting into a colleague’s hotel bed while sleepwalking during a business trip, the court ruled on appeal.

    By Laurel Kalser • July 27, 2022
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    Justin Sullivan via Getty Images
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    Employee's 'personal belief' that manager was biased isn't enough for race claim, 7th Cir. says

    A White firefighter’s speculation that his supervisor favored Black co-workers wasn’t enough to prove he was deprived of lucrative assignments because of his race, a court ruled.

    By Laurel Kalser • July 26, 2022
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    Suit alleges Paycor misclassified more than 100 employees

    The putative collective action seeks back pay, interest and damages.

    By July 25, 2022
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    Ryan Golden/HR Dive
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    Gas station settles claim it failed to protect worker from customer harassment

    An employer can be held liable for harassment from those who don’t work for the company, such as a client, vendor or customer.

    By July 25, 2022
  • A sign is posted in front of a Walmart store on November 16, 2021 in American Canyon, California.
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    Walmart workers allege company violated Philly workweek law

    The city is one of only a handful of jurisdictions to enact a law requiring predictive scheduling in certain sectors.

    By July 22, 2022
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    DOL: Union election petitions up 58%

    The fire lit by labor organizers in October continues to rage, as the agency highlights unsustainable workloads and a lack of funding.

    By July 21, 2022