Walmart will pay $20M to settle claim that physical ability test screened out women

EEOC alleged the test was not job-related for the position in question and consistent with business necessity.

By Lisa Burden • Aug. 10, 2020

Many employers skipping COVID-19 liability waivers, survey shows

Such requirements may be unenforceable, attorneys warned, and they also can create publicity concerns.

By Kate Tornone • Aug. 10, 2020

Explore the Trendline➔

Inside the rapidly changing world of compliance

The HR landscape is ever-shifting, leaving compliance professionals to meet today’s requirements while keeping an eye on the future.

By HR Dive staff

Burlington Coat Factory to pay $20M to end two FLSA suits

Assistant store managers had alleged they were misclassified as exempt from overtime pay.

By Lisa Burden • Aug. 7, 2020

EEOC resumes issuing charge closure documents, right-to-sue notices

The update follows several operational shifts and other changes for the agency in response to the COVID-19 pandemic.

By Ryan Golden • Aug. 7, 2020

NLRB overturns Browning-Ferris, says company is not a joint employer

The board continues to reshape joint-employer law after a 2015 decision that temporarily heralded a major shift.

By Ryan Golden • Aug. 6, 2020

Scotts to settle fluctuating workweek claims for $3.1M

The plaintiffs alleged Scotts misapplied the fluctuating workweek method in paying them, violating the Fair Labor Standards Act and state laws.

By Lisa Burden • Aug. 6, 2020

UPS Freight and EEOC settle disparate treatment suit for $75K

"Employers need to know that disparate treatment of qualified, disabled workers" is prohibited by the ADA, an EEOC official said.

By Lisa Burden • Aug. 5, 2020

Church music director had no nondiscrimination protections, court says

The ruling comes on the heels of a U.S. Supreme Court opinion that reached the same conclusion regarding religion teachers at religious schools.

By Kate Tornone • Aug. 5, 2020

Court advances promotion bias claim of Walmart worker never denied promotion

While a plaintiff usually must show that she sought a promotion, that requirement can be relaxed where she is deterred from applying, the court said.

By Lisa Burden • Aug. 4, 2020

Virginia governor announces 'first-in-the-nation' safety rules for business reopening

The requirements are just one example of the many state and local measures impacting employer compliance efforts during the COVID-19 pandemic.

By Ryan Golden • Aug. 4, 2020

Judge strikes down parts of DOL's emergency paid leave regs

The agency "jumped the rail" in its implementation of the paid leave provisions of the Families First Coronavirus Response Act, the judge said.

By Ryan Golden • Aug. 4, 2020

OSHA medical records rule a 'mixed bag' for employers, source says

The pandemic has increased the agency's need for employee health information, and this rule increases its access to it, one attorney said.

By Katie Clarey • Aug. 3, 2020

Norfolk Southern to pay $2.5M to settle disability bias suit

The employer "disqualified workers from employment based on a range of actual or perceived disabilities," EEOC alleged.

By Lisa Burden • July 31, 2020

NLRB adopts employer-friendly position on discipline for abusive, offensive statements

In its decision, the Board said abusive conduct is not protected by the National Labor Relations Act.

By Ryan Golden • July 30, 2020

EEOC: United failed to accommodate Buddhist pilot's beliefs in substance abuse treatment

The pilot objected to the religious content of Alcoholics Anonymous, preferring a Buddhism-based peer support group, the agency said.

By Lisa Burden • July 30, 2020

12 North Carolina McDonald's restaurants fined for alleged child labor law violations

It's not uncommon for fast-food restaurants to face allegations of such missteps.

By Katie Clarey • July 30, 2020

DOL: Manufacturer failed to post FFCRA notice, denied leave for school closure

The employer paid $4,352 in back wages following the agency's investigation.

By Kate Tornone • July 30, 2020

Revised CDC isolation timeline may prompt workplace policy changes

The agency's guidance is a reminder to employers that return-to-work policies should not be static, an attorney told HR Dive.

By Ryan Golden • July 29, 2020

Taco Bell franchisee served overtime, misclassification claims

The assistant general manager position required "housekeeping, customer service, cash handling, food preparation, and other non-exempt work," according to the lawsuit.

By Lisa Burden • July 29, 2020

FedEx worker's lifting restriction rendered her unqualified for ADA protection, 7th Cir. says

The plaintiff's doctor said she could not regularly lift more than 15 pounds above her head.

By Kate Tornone • July 29, 2020

Business groups sue feds over work visa restrictions

The limits are "an unequivocal 'not welcome' sign" to critical workers who help drive the economy, the CEO of the U.S. Chamber of Commerce said.

By Katie Clarey • July 29, 2020

New Prime trucking company settles 2 misclassification suits for $28M

The parties spent more than five years in court, a stint that included a trip to the U.S. Supreme Court over the applicability of an arbitration agreement.

By Lisa Burden • July 28, 2020

Exempt employees who perform nonexempt duties during pandemic will not lose status, DOL says

"COVID-19 is a rare event … that an employer could not reasonably anticipate and is consistent with the FLSA's regulatory criteria for emergencies," the agency said.

By Katie Clarey • July 28, 2020

TJ Maxx, HomeGoods, Marshalls agree to $31.5M wage settlement

Attorneys for the plaintiffs said the recovery is the "second largest wage and hour settlement in the First Circuit in terms of total dollars."

By Lisa Burden • July 27, 2020

Managers lack training to support caregivers, survey shows

Respondents most commonly ranked their caregiving supports such as leave, counseling and subsidized benefits as "fair."

By Lisa Burden , Kate Tornone • July 27, 2020