Compliance: Page 84
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Employer owes back pay to worker instructed to self-quarantine, DOL says
A healthcare professional told the employee to quarantine because of coronavirus concerns, the agency said.
By Lisa Burden • Sept. 23, 2020 -
DOL proposes new FLSA independent contractor test
The rule introduces an "economic reality" test examining two factors with additional "guideposts," senior DOL officials said.
By Ryan Golden • Updated Sept. 25, 2020 -
EEOC: Kroger's refusal to exempt workers from wearing rainbow logo was discrimination
Employers are allowed to establish a dress code that applies to all employees, but there are some exceptions, according to the EEOC.
By Lisa Burden • Sept. 22, 2020 -
Rawf8/Getty Images Plus via Getty Images
4th Cir. won't revive white prison guard's race bias suit
The "mere fact that a new job assignment is less appealing" does not constitute an adverse employment action, the court said.
By Lisa Burden • Sept. 21, 2020 -
DOL to plug COVID-19 paid leave on TV, aiming to 'reach many millions more'
Employers should create an infrastructure to manage leave requests, one source told HR Dive.
By Aman Kidwai • Sept. 21, 2020 -
Permission granted by Brandy Smith, assistant vice president and chief compliance officer and counsel for group protection for Lincoln Financial Group
'An educator at heart': One leader's unusual path to compliance
Brandy Smith of Lincoln Financial Group shares how she has remained her authentic self while advancing in the compliance field.
By Sheryl Estrada • Sept. 21, 2020 -
Retrieved from Chipotle on July 15, 2020
Chipotle fired employee for assault complaint, EEOC alleges
The employee was fired days after saying she planned to escalate her complaint, according to the enforcement agency.
By Lisa Burden • Sept. 18, 2020 -
"U.S. District Courthouse - Southern District of New York" by Michael J DAmato is licensed under CC BY-SA 3.0
Attorneys advise 'wait-and-see' position on joint employment
Employers have long sought clarity on regulations governing FLSA joint-employer status; last week, a judge's decision added yet another wrinkle.
By Ryan Golden • Sept. 17, 2020 -
Deep Dive
Pay transparency takes center stage as more workers talk wages
From video game publishers to coffee shops, pay disclosures are rattling HR. Sources say employers need to be careful when forming a response.
By Ryan Golden • Sept. 17, 2020 -
California wildfires raise questions on worker safety, leave
The event may create complications and liabilities for employers if not handled appropriately, according to state guidance.
By Aman Kidwai • Sept. 16, 2020 -
OSU laid off 53-year-old HR pro based on his age, EEOC suit says
The Ohio State University, however, said it is committed to hiring and retaining a diverse and inclusive workforce.
By Lisa Burden • Sept. 16, 2020 -
ADA protected school employees' advocacy for students with disabilities, 6th Cir. says
The nurses clashed with school officials and parents over treatment for two students with diabetes.
By Lisa Burden • Sept. 16, 2020 -
Biden doubles down on $15 minimum wage, end to tip credit
The Democratic presidential candidate also said he opposes the subminimum wage for workers with disabilities.
By Aman Kidwai • Sept. 15, 2020 -
Apple employees must be paid for time spent in bag checks, 9th Cir. affirms
Apple forfeited the opportunity to argue that the time spent in security checks was de minimis because it didn't raise the defense early enough, the court said.
By Lisa Burden • Sept. 15, 2020 -
Ryan Golden/HR Dive
EEOC: Non-profit refused to hire former employee due to prior workplace injury
Among other relief, the agency has requested mandatory training for the organization's HR staff.
By Lisa Burden • Sept. 14, 2020 -
Lance Cheung. (2020). Retrieved from U.S. Department of Agriculture.
DOL revises FFCRA rules in response to court ruling
The update revises the department's position on which healthcare providers may be excluded from emergency paid leave, as well as certain documentation requirements.
By Ryan Golden • Updated Sept. 14, 2020 -
Deloitte's family leave policy 'comes with a huge catch,' lawsuit claims
A former employee alleged that after taking 16 weeks' leave, she was informed she could not return.
By Lisa Burden • Sept. 14, 2020 -
Mailbag: An employee is afraid to return to work. What do we do?
When someone raises a concern, "really listen to what they have to say," one source told HR Dive.
By Kate Tornone • Sept. 14, 2020 -
Kate Tornone/HR Dive
EEOC: ADA allows managers to report workers' COVID-19 infections, but there are limits
The agency also clarified the circumstances under which employers may ask workers about COVID-19 positivity, symptoms and exposure.
By Ryan Golden • Sept. 11, 2020 -
Rawf8/Getty Images Plus via Getty Images
'You're kind of getting up there in years'; 6th Cir. revives age-based firing claim
The statement — made in response to the plaintiff asking why he was being fired — was direct evidence of discrimination, the court said.
By Lisa Burden • Sept. 10, 2020 -
sshepard/Getty Images Plus via Getty Images
Prof's complaint to college's accrediting body wasn't protected activity, 5th Cir. says
The court also noted that the 10-month gap between the filing of the defamation lawsuit and Aguillard's protected activity was too long to support a retaliation claim.
By Lisa Burden • Sept. 10, 2020 -
One Kings Lane workers allege furloughs were based on pregnancy
Among other things, the plaintiffs pointed to comments about "work-life balance" as evidence of the alleged discrimination.
By Lisa Burden • Sept. 9, 2020 -
6th Circuit reverses ex-Ford engineer's $15M jury verdict
The court said there was "insufficient evidence" of a hostile work environment and retaliatory conduct toward the former employee.
By Ryan Golden • Sept. 9, 2020 -
Judge blocks DOL's 'vertical' joint employment rule
The court said the regulation, which addressed situations involving staffing companies and subcontractors, was inconsistent with the FLSA.
By Kate Tornone • Sept. 9, 2020 -
Court revives Facebook employee's suit based on supervisor's racist comments
The 4th Circuit pointed out that the decision not to promote the plaintiff was made by a supervisor who was fired for using racial slurs when talking about Black employees.
By Lisa Burden • Sept. 8, 2020
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