Jury must determine whether assistant's firing covered up leave discrimination

The employee was fired for performance issues shortly after she notified her employer of her need for intermittent leave.

By Katie Clarey • Dec. 16, 2020

Walgreens to settle California bag check suit for $4.5M

Several employers have been taken to court over such policies in California, where wage and hour requirements are more stringent than federal law.

By Lisa Burden • Dec. 16, 2020

SCOTUS won't decide whether ADA protects workers who can't comply with safety rules

The act "simply does not mandate that a safety requirement be a part of the essential functions of a position for an employer to enforce it," the 4th Circuit opined last year.

By Lisa Burden • Updated Oct. 4, 2021

Employer's failure to follow progressive discipline policy wasn't fatal to age bias defense

The Texas hospital had specifically reserved the right to impose the disciplinary level appropriate to each circumstance, the 5th Circuit noted.

By Lisa Burden • Dec. 14, 2020

How positive COVID-19 tests, underlying conditions intersect with the FMLA

Jeff Nowak, shareholder at Littler Mendelson, identified two court cases that may guide employers in situations involving COVID-19 risks.

By Ryan Golden • Dec. 14, 2020

NLRB: Nestle illegally fired worker for reporting racist comment

The decision is notable in its invocation of a January case that overturned prior board precedent.

By Ryan Golden • Dec. 14, 2020

11th Cir.: Publix driver fired for lying, not national origin

The employer's handbook was clear that "dishonesty alone may lead to employment termination," the court noted.

By Lisa Burden • Dec. 10, 2020

DOJ sues Facebook, says company 'reserved' open jobs for temporary visa holders

The company's alleged practices "discriminate against U.S. workers" and have "adverse consequences" for visa holders, the agency said.

By Ryan Golden • Dec. 10, 2020

Automatic gratuities aren't tips under the FLSA, 4th Cir. says

Still, the court vacated and remanded a lower court's application of the statute's 7(i) exemption.

By Katie Clarey • Dec. 10, 2020

Del Taco settles claims of 'almost daily' sexual harassment at California stores

The unchecked behavior from the general manager emboldened other male workers to engage in it as well, EEOC alleged. 

By Lisa Burden • Dec. 7, 2020

DOL clarifies pay rate calculations for piece-rate workers

The department has issued a number of opinion letters in the past year addressing what may be included in an employee's regular rate for FLSA overtime calculation purposes.

By Ryan Golden • Dec. 7, 2020

Smashburger settles racial harassment claims

The agreement calls for the restaurant to revise its anti-discrimination policies and implement training for supervisors, management and HR.

By Lisa Burden • Dec. 4, 2020

DOL fails to prevent debarred employers from obtaining contracts, GAO says

The agency did not properly inform other federal agencies of wage violations, the congressional watchdog concluded.

By Lisa Burden • Dec. 4, 2020

Parties settle landmark transgender bias suit following SCOTUS decision

R.G. & G.R. Harris Funeral Homes will pay $250,000 to settle the lawsuit that appeared before the U.S. Supreme Court.

By Katie Clarey • Dec. 3, 2020

3rd Cir. reverses NLRB finding that publisher's tweet violated labor law

The agency "lost the forest for the trees" in issuing its decision and order, the court said.

By Ryan Golden • Updated May 23, 2022

Former NHL official alleges retaliation for opposing racist statements

The plaintiff claimed he was fired after sharing evidence during an internal investigation.

By Aman Kidwai • Dec. 1, 2020

Biden names workplace safety expert to COVID-19 task force

Safety advocates applauded the addition of former OSHA administrator David Michaels.

By Jennifer Goodman • Dec. 1, 2020

Workers taking Suboxone, methadone protected by ADA, feds caution

"Employers must respect the ADA rights of such workers by not basing employment decisions on unfounded assumptions about safety risks," an EEOC official said.

By Lisa Burden • Nov. 30, 2020

OSHA reveals most-violated standards related to COVID-19

Violations related to respiratory protection and not implementing a written program with worksite-specific safety procedures topped the list.

By Kim Slowey • Nov. 30, 2020

Reassignment still ADA's last resort, 4th Cir. says in Lowe's ruling

The plaintiff rejected the employer's suggestion he use a motorized scooter and instead sought a new position.

By Lisa Burden • Nov. 30, 2020

OSHA comes under fire for 'paltry' fines and lax guidance to meat plants

While critics call the citations "less than a slap on the wrist," companies including Smithfield and JBS denounced the fines, saying they followed the agency's recommendations for the pandemic once they were available.

By Lillianna Byington • Nov. 25, 2020

Mailbag: Can I restrict workers' personal travel?

With the upcoming holiday season about to collide with a pandemic, employers have some options when it comes to workers' personal travel.

By Ryan Golden • Nov. 25, 2020

EEOC: Manager deemed security work improper for pregnant woman

Oatridge Security Group will pay $375,000 to settle the lawsuit alleging it fired a supervisor on the Seattle Tunnel Project based on her pregnancy.

By Lisa Burden • Nov. 24, 2020

Court OKs retaliation claim for worker who didn't allege sexual harassment

The employee said the incident in question made her "uncomfortable," but told an investigator she did not believe she was subject to sexual harassment.

By Lisa Burden • Nov. 23, 2020

PPP-funded expenses not deductible for borrowers that receive forgiveness

The Internal Revenue Service ruling means that some firms will pay more in federal taxes next year.

By Jennifer Goodman • Nov. 23, 2020