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

OSHA: ExxonMobil must rehire employees fired over Wall Street Journal leaks

A federal whistleblower investigation found the workers were illegally fired, and ExxonMobil owes them more than $800,000 in damages, OSHA said.

By Ryan Golden • Oct. 10, 2022

EEOC’s war of words continues as 2nd court strikes down LGBTQ guidance

“Agencies are not all-powerful,” Commissioner Andrea Lucas wrote in support of the injunction.

By Ryan Golden • Oct. 10, 2022

Are NDAs on the way out?

As the fifth anniversary of the #MeToo movement nears, Congress is making moves to dismantle some of the workplace roadblocks that brought it about.

By Emilie Shumway • Oct. 10, 2022

Lawmakers accuse EEOC of ‘partisanship and mismanagement’

The Sept. 27 inquiry from two high-ranking Republicans comes as the Biden administration looks to cement a Democratic majority on the commission.

By Ryan Golden • Updated Oct. 6, 2022

EEOC: Employers cannot favor ‘early career’ hires over older candidates

There are lawful ways to attract and hire younger workers, but not by setting more difficult standards for older workers or rejecting them because of their age, EEOC warned in a lawsuit last week.

By Laurel Kalser • Oct. 5, 2022

SCOTUS won’t hear challenge to health worker vaccine mandate

In January, the high court upheld the CMS rule mandating that healthcare workers be vaccinated against COVID-19 at medical facilities that receive federal funding.

By Hailey Mensik • Oct. 4, 2022

Maryland school district settles transgender teacher’s harassment claims

Administrators allegedly ignored the teacher’s complaints that students and others misgendered her and called her slurs.

By Emilie Shumway • Oct. 3, 2022

Walgreens supervisor didn’t allow worker showing signs of miscarriage to leave shift, EEOC says

“Walgreens ordinarily permits workers to leave if they are experiencing an emergency,” the agency’s complaint noted.

By Emilie Shumway • Oct. 3, 2022

Going global this inflation: radical or sensible?

Here’s why hiring global talent during inflation can help you beat inflation.

Oct. 3, 2022

EEOC: Car dealership segregated employees by sex, retaliated against HR workers who intervened

HR professionals sometimes find themselves caught between employer demands and legal requirements.

By Emilie Shumway • Sept. 30, 2022

Worker sues Cargill for lost pay due to Kronos outage, alleges ‘negligence’

Cargill and Kronos parent UKG also failed to “exercise reasonable care” in handing his and others’ sensitive personal information, the suit claimed.

By Ryan Golden • Sept. 29, 2022

DC Circuit: Navy secretary must pursue retaliation claim with Navy, not court

Like employees in the private sector, federal workers may not go directly to court with a Title VII complaint.

By Laurel Kalser • Sept. 27, 2022

AI, tech concerns dominate EEOC listening session

Issues pertaining to AI hiring discrimination, lack of guidance and surveillance prevailed at the Sept. 22 event.

By Emilie Shumway • Sept. 26, 2022

Federal judge rules ‘Central Park Karen’s’ firing was not discriminatory

Franklin Templeton did not discriminate against Amy Cooper when it fired her following a viral confrontation, Judge Ronnie Abrams held.

By Ryan Golden • Sept. 23, 2022

Employers face ‘new era’ of drug testing in post-pandemic landscape

Of particular interest is pre-employment drug screening for marijuana use, which is subject to an ever-changing list of state and local laws.

By Ryan Golden • Sept. 22, 2022

Employee fired 1 day after complaining to HR about discrimination, EEOC says

When discipline follows protected activity, HR may need to exercise caution.

By Laurel Kalser • Sept. 21, 2022

Austin restaurant operator pays $230K after requiring workers to share tips with managers

"Tips are the property of tipped employees who earn them, plain and simple,” a DOL representative said.

By Kate Tornone • Sept. 21, 2022

Worker didn’t show employer wrongdoing to justify missed EEOC deadline, court says

The clock starts when the charging party has “unequivocal notice of the adverse action” and that a discriminatory act has occurred, the 11th Circuit explained.

By Laurel Kalser • Sept. 20, 2022

Lowe’s settles EEOC sex discrimination charge for $700K

According to the complaint, management at an Arizona store allegedly allowed a male worker to make “notorious, open, and frequent” sexual comments toward female employees.

By Emilie Shumway • Sept. 20, 2022