Supreme Court won't resolve circuit split on sexual harassment standard

The 8th Circuit, in the challenged ruling, acknowledged its "high bar" for harassment claims.

By Kate Tornone • Updated Dec. 9, 2020

Employee ineligible for FMLA can still pursue retaliation claim, court says

The employee, who sought paid time off after contracting coronavirus, mistakenly tied her request to the FMLA, the court said.

By Lisa Burden • Nov. 20, 2020

EEOC reports record recovery, reduced case backlog for FY 2020

Now under Republican control, the EEOC said it intends to focus on excellent customer service and "robust" compliance assistance.

By Lisa Burden • Nov. 20, 2020

Termination letter advised employee to 'focus on her health,' ADA suit says

The employer regarded the employee as disabled, in violation of federal law, the U.S. Equal Employment Opportunity Commission alleged.

By Lisa Burden • Nov. 19, 2020

DOL finalizes rules for newly permitted pooled retirement plans

Congress passed the SECURE Act in 2019 to expand access to the plans, also known as PEPs.

By Ryan Golden • Nov. 18, 2020

EEOC seeks comment on religious guidance update

The changes reflect recent legal developments and emerging issues that have altered the legal landscape, the agency said.

By Lisa Burden • Updated Nov. 24, 2020

FFCRA leave nears sunset date as COVID-19 cases spike

A recent study found the law led to a "statistically significant" reduction in cases in some states.

By Ryan Golden • Nov. 13, 2020

Deloitte Services to pay $275K to settle claims it underpaid women in tech services

Pay parity — and the lack thereof — has emerged as a hot button issue in employment and employer culture. 

By Lisa Burden • Nov. 13, 2020

Biden could bring overtime rule redo, expanded benefits mandate

The presumptive president-elect also could resurrect the EEOC's pay-data reporting program "fairly quickly," according to one attorney.

By Ryan Golden • Nov. 12, 2020

Biden labor policy likely to feature stronger enforcement, COVID-19 action

The incoming administration is expected to take a different approach to policy and enforcement, especially with respect to immigration and organized labor.

By Aman Kidwai • Nov. 11, 2020

DOL: Employees must be paid for viewing training webinars during work hours

Attendance at training programs and similar activities need not be counted as working time, so long as four criteria are met, the agency noted.

By Ryan Golden • Nov. 10, 2020

JP Morgan to conduct pay analysis, pay $9.8M to settle DOL claim that it underpaid women

The employer, however, said it strongly disputes the agency's allegations.

By Lisa Burden • Nov. 10, 2020

COVID-19-related OSHA complaints, fines pile up for healthcare facilities

"OSHA was getting a lot of really bad press about how aggressively they were responding," lawyer Eric Conn said. "And ... maybe for some theater, they have focused on healthcare, because it's easy."

By Hailey Mensik • Nov. 9, 2020

Manager allegedly ignored FMLA schedule; court OKs suit for trial

The employer approved the leave request but a manager continued to schedule the plaintiff for additional hours, she alleged. 

By Lisa Burden • Nov. 9, 2020

COVID-19 safety measures reduce worker anxiety, study finds

Employees who cannot socially distance at work or who must commute via public transportation are more likely to experience anxiety or depression, researchers said.

By Lisa Burden • Nov. 9, 2020

Back to Basics: How to comply with COBRA

Furloughed employees may have COBRA rights, so employers must know what their plans require, an attorney told HR Dive.

By Sheryl Estrada • Nov. 9, 2020

Albertsons pays $2.5M to settle claim it didn't pay drivers for required call-ins

A class of workers alleged the grocer's scheduling policy violated state law. 

By Lisa Burden • Nov. 6, 2020

'Creative approaches' keep drug testing alive despite remote work shift

Marijuana legalization has also led to an "interesting evolution" among employers, one attorney told HR Dive.

By Ryan Golden • Nov. 6, 2020

Worker who declined accommodation has no bias claim, court says

The ruling is a reminder that employees are not entitled to a preferred accommodation, only an effective one.

By Lisa Burden • Nov. 6, 2020

California's Proposition 22 passes in major win for food delivery companies

Uber, DoorDash, Postmates and Instacart contributed $200 million to support the measure in the state, which preserves their business models of hiring independent contractors instead of employees.

By Emma Liem Beckett • Updated Nov. 4, 2020

Employee fired for asking out younger woman gets trial on age bias claim

A supervisor's alleged comments may serve as direct evidence of discrimination, a federal district court concluded.

By Lisa Burden • Nov. 4, 2020

States vote 'yes' on marijuana, paid leave in meaningful election for HR

In California, voters approved an initiative to keep gig workers independent contractors, while those in Colorado approved a paid family and medical leave program.

By Ryan Golden • Nov. 4, 2020

DHS delays H-1B wage selection process change

For the upcoming H-1B cap season, the current regulations — which call for random selection — will still apply, DHS said.

By Ryan Golden • Updated Feb. 10, 2021

DOL updates tool to check health plans for mental health parity, ERISA compliance

The update includes best practices, revised examples of compliance and warning signs of non-compliance, the agency said.

By Lisa Burden • Nov. 2, 2020

8 questions and answers about COVID-related compliance

In HR Dive’s Mailbag series, employment law experts addressed many of these concerns.

By Kate Tornone • Nov. 2, 2020