Compliance: Page 84
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ADA did not protect anemic worker, 11th Cir. rules
Not only did the worker fail to demonstrate that her anemia was a disability, but she also testified that her condition did not affect her work in any way.
By Lisa Burden • March 8, 2021 -
Getty Images
No FMLA liability if employee isn't harmed, 7th Cir. says
An employee's job was restructured during his leave, but he never suffered compensable harm, the court said.
By Lisa Burden • March 8, 2021 -
Ryan Golden/HR Dive
Employers paid $439M to resolve EEOC discrimination claims in 2020
Like other federal agencies, EEOC contended with the COVID-19 pandemic's impact on its enforcement activities.
By Ryan Golden • March 8, 2021 -
Black manager sues Amazon claiming 'systemic pattern' of discrimination
The e-commerce giant has made gains in overall workforce racial diversity, but there has been less improvement at the managerial level.
By Sheryl Estrada • Updated March 7, 2021 -
EEOC: Miami hotel fired Seventh Day Adventist for refusing to work Saturdays
The suit alleged a manager told the worker: "If you are unable to work on Saturdays, your place is not here."
By Lisa Burden • March 5, 2021 -
Barnes & Noble pays $910K to settle cafe managers' misclassification suit
Exemptions are based on objective standards and are not dependent on employer-determined job titles, experts say.
By Lisa Burden • March 4, 2021 -
DHS' denied telework request wasn't adverse action, DC court rules
An adverse employment action is "a significant change in employment status," the court noted.
By Lisa Burden • March 4, 2021 -
Prof's 'much younger' replacement did not prove ageism claim
The Age Discrimination in Employment Act forbids discrimination based on age against applicants and employees age 40 and older.
By Lisa Burden • March 4, 2021 -
2nd Cir. won't reconsider whether criminal history hiring ban disparately impacted Black applicants
There's a growing push in the U.S. to remove the barriers for job seekers with criminal histories.
By Katie Clarey • March 3, 2021 -
Class action claims unpaid work, OT violations at Sun-Maid
The former employee's complaint claims both FLSA and state law violations.
By Lisa Burden • March 2, 2021 -
Samantha Liss, Healthcare Dive
5 FMLA certification questions on coronavirus answered
As decisions are being made at the federal level, HR practitioners continue to seek guidance on FMLA certification procedures.
By Sheryl Estrada • March 1, 2021 -
Johnson & Johnson worker fired 4 weeks after leave alleges bias
The employee said his position was given to a younger, less-qualified individual without a disability.
By Lisa Burden • March 1, 2021 -
South Carolina Ben & Jerry's settles wage, child labor violations
Children under 14 years of age may not be employed in non-agricultural occupations covered by the Fair Labor Standards Act.
By Lisa Burden • March 1, 2021 -
Brian Tucker/HR Dive
House passes Equality Act, aiming to codify LGBTQ workplace protections
Legislation solidifying Bostock could prevent misinterpretations of the case law and pave the way for EEOC guidance, according to one expert.
By Sheryl Estrada • Feb. 26, 2021 -
Doctor's note failed to prove worker's disability, court finds
The worker failed to establish her physician as an expert witness, the 10th Circuit concluded.
By Lisa Burden • Feb. 26, 2021 -
Court OKs employee surveillance to root out FMLA abuse
A chemicals company used footage to prove a worker's behavior was inconsistent with her stated need for leave following reports that she got a pedicure while recovering from foot surgery.
By Lisa Burden , Katie Clarey • Feb. 25, 2021 -
Submitted photo
8th Cir.: Railroad must reinstate worker who defecated on company property, per arbitrator's decision
The agreement struck by Union Pacific and the worker's union did not restrict an arbitrator's ability to review and change an employment decision.
By Katie Clarey • Feb. 25, 2021 -
DOL withdraws opinion letters on gig worker arrangement, truck driver hours
The actions mean both letters "may not be relied upon as a statement of agency policy" as of Feb. 19, per DOL.
By Ryan Golden • Feb. 25, 2021 -
Opinion
Receiving a DOL compliance audit? Keep these 5 tips in mind.
An audit won't make your day, but it also doesn't have to ruin it, writes Matt Nusbaum, director of the BCG Institute for Workforce Development.
By Matt Nusbaum • Feb. 25, 2021 -
Native American prof alleges pay bias at New York college
To prevent such claims, experts have suggested that employers consider pay audits and take steps toward pay transparency.
By Lisa Burden • Feb. 23, 2021 -
Frito-Lay settles claim it fired Seventh-Day Adventist over scheduling issue
As part of the consent decree resolving the allegations, the company will provide HR, managers and employees training on the reasonable accommodation process.
By Lisa Burden • Feb. 23, 2021 -
Courtesy of Walmart
Lack of qualifications dooms Walmart worker's failure-to-promote claim
The 11th Circuit noted that the job descriptions of the positions for which the worker applied asked for experience he lacked.
By Lisa Burden • Feb. 22, 2021 -
Retrieved from The White House/YouTube on January 21, 2021
A month after Biden's inauguration, what's changed?
The president spent some of his first moments in the Oval Office revoking Trump-era orders and issuing mandates that may set the tone of his administration.
Feb. 22, 2021 -
Adeline Kon/HR Dive
Tracking the essential workers included in state COVID-19 vaccination plans
New Jersey identified additional groups that will be eligible this week, and multiple states are opening or have opened eligibility to all adults.
By Ryan Golden • Updated March 5, 2021 -
Employer refused to delay start date as accommodation, EEOC alleges
When the new hire was induced into early labor, the company rescinded her job offer, the agency alleged.
By Lisa Burden • Feb. 19, 2021
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