Lawsuits allege Kroger payroll transition glitch led to missed, incorrect paychecks

Payroll and timekeeping systems changes have exposed companies to legal risks in recent months.

By Ryan Golden • March 2, 2023

DOL oversight of subminimum wage certificates lagging, GAO says

The Department of Labor can take years to process applications, raising concerns that employers with expired certificates could continue to operate while not meeting program requirements, the watchdog agency said.

By Ginger Christ • March 1, 2023

2nd Cir.: Employer can sue New York over abortion anti-discrimination law

The law unconstitutionally restricts employers’ right to expressive association, the appeals court argued.

By Emilie Shumway • March 1, 2023

EEOC harassment guidance could be coming in the ‘really short term’

At a recent Society for Human Resource Management conference, EEOC Vice Chair Jocelyn Samuels also answered an audience question about sexual misconduct.

By Caroline Colvin • March 1, 2023

NLRB’s severance ruling has broad implications for employers

Attorneys advise businesses to review severance agreements carefully for both union and nonunion employees following the labor board’s McLaren Macomb decision.

By Lyle Moran • Feb. 28, 2023

Biden to appoint Julie Su as Labor Secretary

Su is known for cracking down on wage theft, and has long settled disputes between employers and unions.

By Caroline Colvin • Feb. 28, 2023

Faith groups ask SCOTUS to overturn religious accommodation precedent

The court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison has a “shameful legacy,” the Council on American-Islamic Relations said in a Feb. 23 amicus brief.

By Ryan Golden • Feb. 27, 2023

Interpreting the FMLA, one case at a time

Attorneys who specialize in FMLA claims broke down some of the most noteworthy opinions for HR Dive.

By Ginger Christ • Feb. 27, 2023

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