In Senate, political fault lines emerge on paid family leave despite COVID-19

Even an apparent bipartisan consensus and a pandemic may not be enough to override fiscal and regulatory concerns about a nationwide law.

By Ryan Golden • June 25, 2020

IRS: COVID-19 leave donation payments are not wages

The agency's announcement details one of several tax deductions and credits impacting employee benefit plans during the pandemic.

By Ryan Golden • June 24, 2020

Lack of skills, not bias, cost J&J subsidiary worker her promotion, court says

Federal anti-discrimination laws prohibit employers from factoring protected characteristics such as age, race and sex into employment decisions. 

By Lisa Burden • June 24, 2020

ADA prohibits COVID-19 antibody tests, EEOC says

Employers remain free, however, to test workers for infections.

By Kate Tornone • June 23, 2020

San Francisco DA sues DoorDash, alleging widespread misclassification

The on-demand food delivery service told HR Dive it intends to fight to maintain its arrangement.

By Kate Tornone • June 22, 2020

5 stories exploring the compliance implications of employee monitoring

As employers sent workers home, they turned to productivity monitoring. Now that workers are returning, contact tracing has garnered attention.

June 22, 2020

Waste Management supervisor's alleged ageist comment didn't show discrimination, court says

The manager reportedly questioned whether the employee was too old for the job on multiple occasions.

By Lisa Burden • June 19, 2020

Court: No arbitration for Applebee's workers because HR can't find the agreements

An HR director for an Applebee's restaurant owner and operator said the lack of agreements was probably a recordkeeping error.

By Lisa Burden • June 18, 2020

DOL: GM worker's suspension was due to employer's delay in approving FMLA

Generally, an employer has five days to provide an FMLA designation notice.

By Lisa Burden • June 17, 2020

Court won't force OSHA to issue emergency workplace COVID-19 standards

While the agency is authorized to issue emergency standards if it determines workers are in grave danger, it is entitled to "considerable deference."

By Lisa Burden • June 16, 2020

Jet Propulsion Laboratory, EEOC reach $10M settlement in age bias lawsuit

Despite the Age Discrimination in Employment Act, research has shown that ageism is widespread in the workplace.

By Sheryl Estrada • June 16, 2020

EEOC to propose 'de minimis' limit on wellness program incentives

A federal judge ordered the commission to revisit its earlier 30% incentive limit.

By Ryan Golden • June 15, 2020

EEOC: Don't exclude older or pregnant workers from return-to-work plans

Even if motivated by benevolent concern, an employer is not permitted to single out workers on the basis of a protected class, the agency said.

By Lisa Burden • June 15, 2020

In landmark ruling, SCOTUS finds Title VII prohibits LGBTQ discrimination

Advocates called the ruling a "historic win" for LGBTQ employees.

By Ryan Golden • Updated June 15, 2020

COVID-19 contact tracing: risks and requirements

Employers will have compliance risks, data privacy concerns and employee morale to consider when implementing health screening and contact tracing.

By Aman Kidwai • June 15, 2020

OSHA: Employers should encourage masks at work

However, companies need not provide cloth face coverings for workers, the agency said.

By Kate Tornone , Aman Kidwai • June 12, 2020

Employee defending co-worker didn't reasonably believe she was opposing race discrimination, appeals court says

Moreover, the employee was fired because her complaint was profane and offensive, the employer said.

By Lisa Burden • June 12, 2020

Housekeeper alleges Trump hotel revoked religious accommodation

Title VII requires that employer accommodate an employee's sincerely held religious beliefs unless doing so would pose an undue hardship.

By Lisa Burden • June 12, 2020

'There was nothing to accommodate:' Court dismisses chicken processor's ADA claim

The law generally requires that employees alert employers if a disability-related change is needed.

By Kathryn Moody • June 11, 2020

Court: Company can't enforce noncompete against employee it laid off, rehired

Noncompetes are notoriously difficult to enforce, and employment experts often recommend that employers use them sparingly.

By Kate Tornone • June 10, 2020

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

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

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