DOL clarifies FLSA pay requirements for remote employees

Under federal law, employers must pay for all hours worked that they either know about or have reason to believe were performed.

By Ryan Golden • Sept. 2, 2020

Employee able to work without ADA accommodation may still be owed one, 1st Cir. says

The district court incorrectly instructed a jury that employees are only entitled to accommodations if necessary for the job, the appeals court said.

By Lisa Burden • Sept. 1, 2020

Court rejects employer's argument that candidate was a bad 'fit'

Employers must offer a sufficiently clear, nondiscriminatory reason for adverse employment actions, the court explained.

By Lisa Burden • Aug. 31, 2020

5 ways remote work complicated compliance in 2020

From monitoring employee productivity to upholding federal anti-discrimination laws, HR had to meet new compliance challenges.

By Sheryl Estrada • Aug. 31, 2020

DOL: No FFCRA leave for families choosing remote learning

The guidance accompanies two further updates about parents' eligibility for FFCRA leave as schools grapple with the coronavirus crisis.

By Katie Clarey • Aug. 31, 2020

How businesses can reopen in compliance with the ADA

Employers don't have to choose between public health and employment law guidelines as workers return, writes Davis Malm's Emily P. Crowley.

By Emily P. Crowley • Aug. 28, 2020

Former Bloomberg reporter alleges discrimination in lawsuit

The plaintiff claims she resigned from the company due to its discriminatory practices that left her feeling like a "diversity pawn."

By Aman Kidwai • Aug. 28, 2020

Sex, lies and the C-suite: How McDonald's clawback battle highlights need for strong misconduct policies

Corporate ethics experts feel the chain isn't doing enough to establish a zero-tolerance policy following news of ex-CEO Steve Easterbrook's inappropriate relationships with female employees.

By Emma Liem Beckett • Aug. 27, 2020

Electrical company to pay $1.25M to settle EEOC claims of harassment at Apple worksite

"All employers have a duty to take prompt, effective action to stop harassment and hate speech in the workplace," EEOC San Francisco District Director William Tamayo said in the statement announcing the settlement.

By Lisa Burden • Aug. 27, 2020

'Employers should make certain they understand' where state and federal leave laws collide

The New Jersey Division on Civil Rights announced it will pursue the discrimination claims of a former marketing director who was told she had to use federal and state leave concurrently.

By Lisa Burden • Aug. 26, 2020

5th Cir.: No retaliation in Walmart's firing of worker who reported sex harassment

The case is a reminder that workers alleging unlawful retaliation must meet Title VII’s "but-for" causation standard.

By Ryan Golden • Updated Aug. 31, 2020

Hawaii doctor can't claim Title VII protections because he's an independent contractor, 9th Cir. says

The agency that enforces Title VII looks at a lengthy list of factors to determine worker status, including the employer's right to control when and where work is done.

By Lisa Burden • Aug. 26, 2020

State COVID-19 training laws create additional reopening challenge

At least 16 states have adopted some form of training mandate, but employers may find keeping up with the laws overwhelming, sources told HR Dive.

By Ryan Golden • Aug. 25, 2020

3 workplace COVID-19 trends that are likely here to stay

The post-pandemic landscape may be a very different one, especially with respect to leave and accommodations, speakers told DMEC conference attendees.

By Kate Tornone • Aug. 25, 2020

Vox Media settles misclassification claims for $4M

The plaintiffs, writers and site managers for Vox's SB Nation, alleged they were denied minimum wages, overtime pay and other benefits.

By Lisa Burden • Aug. 25, 2020

Mailbag: An employee exhausted their FFCRA leave; what now?

This is a time for employers to think about what they should do, not just what they have to do, said management-side employment attorney Laura Lawless.

By Kate Tornone • Aug. 24, 2020

DHL Express, vendor underpaid delivery workers, suit says

The plaintiff, a delivery driver, claims DHL and Flyaway Express are joint employers.

By Lisa Burden • Aug. 21, 2020

Bay Area restaurant workers get $2.6M in wage claim settlement

The agreement compensates workers for Worker Adjustment and Retraining Notification violations, which the restaurant allegedly committed by closing without notice.

By Lisa Burden • Aug. 20, 2020

Poll: Fielding pandemic accommodation requests, employers offer remote work

Increased vulnerability to the coronavirus was the biggest motivator of such asks, the survey found.

By Katie Clarey • Aug. 19, 2020

Chipotle managers refused nursing mom pumping breaks, class-action suit alleges

The plaintiff alleged the managers told her she "should have managed her time better before coming into work" in refusing her break time on one occasion.

By Lisa Burden • Aug. 19, 2020

Trump administration drops appeal of injunction on USCIS fee increase rule

The news follows speculation in recent months about fee changes at USCIS, including increases for H-1 class visas.

By Ryan Golden • Updated Jan. 11, 2021

Doubletree operator settles EEOC claim alleging it failed to stop sexual harassment

The two-year consent decree also requires the company to hire a consultant "to assess workplace risk factors associated with sexual harassment."

By Lisa Burden • Aug. 19, 2020

'It's just breathtaking': How a turbulent 2020 is likely to impact HR policies in the long run

Policy revisions are sure to come, but not all will necessarily be permanent, sources told HR Dive.

By Ryan Golden • Aug. 18, 2020

Mailbag: Everyone is remote; do we still have to post notices on site?

Some worksites may be empty, but that doesn’t necessarily exempt employers from legal mandates, according to one attorney.

By Kate Tornone • Aug. 17, 2020

7th Cir.: No bias in fitness-for-duty requirement for officer with PTSD

A sheriff placed an officer on paid leave following a workplace altercation because of his "unprofessional conduct," not his disability, the court found.

By Lisa Burden • Aug. 17, 2020