Compliance: Page 86
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Worker with disability alleges inflexible return-to-work order was discriminatory
As states lift restrictions and businesses reopen, employers may be wondering about accommodation obligations.
By Lisa Burden • June 10, 2020 -
"Enterprise rent a car airport counter Portland International Jetport PWM AutoRentals" by AutoRentals is licensed under CC BY-SA 4.0
Lawsuit alleges Enterprise's COVID-19 layoffs violated WARN
The company is not the first to face such a suit, and experts have cautioned employers to consider state and federal obligations.
By Ryan Golden • June 9, 2020 -
Explore the Trendline➔
Adeline Kon/HR DiveTrendlineInside 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 -
EEOC: Texas construction company assigned black employees to more physically taxing, dangerous work
Supervisors and employees at a New York construction site also harassed co-workers based on their race, the agency said.
By Lisa Burden • June 9, 2020 -
Court revives driver's suit with reminder about ADA's 'regarded as' prong
When Congress amended the ADA in 2008, it added an exception to the third prong of "disability": impairments that are transitory and minor.
By Kate Tornone • June 9, 2020 -
Nursing home wasn't joint employer with staffing firm, 6th Cir. finds
The facility had no power to limit staffers' employment opportunities, the court said.
By Katie Clarey • June 8, 2020 -
EEOC pilots more structured conciliation process
The program will allow "unlawful employment practices to be resolved more quickly," according to the agency.
By Sheryl Estrada • June 8, 2020 -
Deep Dive
Productivity monitoring: Considerations for HR, from compliance to culture
Despite the popularity of remote work, some employers aren't sold on the idea, worried that employees will slack off. Enter: productivity monitoring.
By Pamela DeLoatch • June 8, 2020 -
Trump signs PPP changes into law
The Senate passed a bill that reduces to 60% the proportion of loans that must be put toward payroll and gives small businesses 24 weeks to use the funds.
By Dan Ennis • Updated June 5, 2020 -
Cognizant Technology to pay $5.7M to settle improper OT calculation claims
An important factor in overtime pay calculation changed early this year.
By Lisa Burden • June 5, 2020 -
Lateral transfer did not constitute discrimination, 3rd Cir. says
The employee's rank and salary was not reduced as part of the transfer, the court noted.
By Lisa Burden • June 5, 2020 -
Healthcare facilities split over use of FFCRA exemptions
The emergency leave law provides two separate definitions of the term "health care provider," the usage of which depends on legal context.
By Ryan Golden • June 5, 2020 -
Teacher's mandatory mental health evaluation was a business necessity, 1st Cir. rules
A school did not discriminate against a sixth grade teacher by involuntarily admitting her to a mental health facility, the court said.
By Katie Clarey • June 5, 2020 -
11th Cir.: FedEx manager's questions about retirement didn't prove age discrimination
The employer countered the worker's claims with documentation of performance problems.
By Lisa Burden • June 4, 2020 -
Senate confirms 2 NLRB nominees
Two of the nation's top workplace and labor law enforcement agencies may soon see personnel changes, pending Senate confirmation.
By Ryan Golden • Updated July 30, 2020 -
How to mitigate 'reboarding' risks as workplaces reopen
Employers can consider a multitude of tactics, sources say, from selecting returnees fairly to communicating transparently.
By Aman Kidwai • June 3, 2020 -
Employer couldn't have known about worker's alleged disability, 2nd Cir. says
A worker said his employer knew about his pancreatitis but failed to provide reasonable accommodations; the court decided otherwise.
By Lisa Burden • June 2, 2020 -
Suit alleges years of unchecked sexual harassment on Criminal Minds set
ABC Studios said it took corrective action and will defend the lawsuit "vigorously."
By Lisa Burden • June 2, 2020 -
Judge partially blocks NLRB effort to undo 'quickie election' rule
The agency said it will appeal the ruling and, in the meantime, enforce the regulations unaffected by the order.
By Kate Tornone • Updated June 1, 2020 -
Frozen foods producer refused to hire non-Hispanic applicants, EEOC says
Employers have paid high prices to settle similar charges of national origin and race discrimination.
By Lisa Burden • June 1, 2020 -
HR's anti-discrimination law primer
Included are five installments of HR Dive's Back to Basics, a column dedicated to laying out the basics of federal employment laws.
June 1, 2020 -
Employee's 'unabated absenteeism' ruled out ADA protection
Because the plaintiff was absent 50 times in one year, the courts determined she was not qualified for her job.
By Lisa Burden • May 29, 2020 -
OSHA revises employer COVID-19 tracking requirement
The agency's latest enforcement guidance details how to determine if a coronavirus case is work-related.
By Kim Slowey • May 29, 2020 -
Talent manager's knowledge of a disability did not establish discrimination, 6th Cir. says
Evidence of performance issues often helps employers defend adverse employment actions taken against applicants and workers with disabilities.
By Katie Clarey • May 29, 2020 -
7-Eleven employee's request for promotion wasn't a reasonable accommodation, 9th Cir. says
Nondiscrimination laws may require transfers for workers with disabilities, but questions about implementation remain.
By Lisa Burden • May 28, 2020 -
New York City taco chain workers allege 'bad faith' wage and hour violations
The plaintiffs claimed the employer misrepresented their hours worked, among other things.
By Sheryl Estrada • May 27, 2020