ADA didn't require employer to excuse name-calling, 1st Cir. says

A proposal that follows fireable misconduct generally shouldn't be viewed as an accommodation request, the appeals court said.

By Jennifer Carsen • April 27, 2020

Salary, duties exempted organ procurement coordinator from overtime

The court noted that the plaintiff "engaged in literal procurement" — one of the duties a worker must perform to meet the administrative exemption.

By Lisa Burden • April 27, 2020

Explore the Trendline➔

Inside 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

Former workers sue Hooters alleging it failed to give proper notice of mass layoff

The plaintiffs alleged the company violated the Worker Adjustment and Retraining Notification Act when it laid off hundreds.

By Lisa Burden • April 24, 2020

Best Buy not liable for employee's slur-ridden joke, 4th Cir. rules

The alleged harasser was a co-worker, not a supervisor, and HR followed up on the complaint, the court noted.

By Jennifer Carsen • April 24, 2020

No evidence of retaliation where worker complained of sexual harassment after being fired, 3rd Cir. says

The plaintiff was fired because he argued with a co-worker and refused to follow instructions, the employer argued.

By Lisa Burden • April 23, 2020

GM supervisor's 'offensive' comments didn't create hostile workplace

The supervisor allegedly called women "uneducated," "sloppy," and "lazy," but the court said "mere rude statements" were not sufficient to prove differential treatment.  

By Jennifer Carsen • April 23, 2020

Can workers use PTO and FFCRA leave at the same time? It depends, DOL says

The agency ended its temporary period of non-enforcement of the law April 20.

By Ryan Golden • April 22, 2020

Dr Pepper employee's firing was 'suspicious' but not necessarily retaliatory, 8th Cir. finds

There is no "hard and fast" rule for timing between protected activity and adverse actions, experts say, making documentation crucial.

By Lisa Burden • April 22, 2020

HR pro alleging termination for protesting bias won't get claim revived

SunTrust said it fired the recruiter for misusing her corporate card, and the court said it found no evidence of retaliation.

By Lisa Burden • April 21, 2020

EEOC weighs in on employer temperature checks, symptom questions

As the nation grapples with the novel coronavirus pandemic, federal equal employment opportunity laws are still in force, the agency said.

By Lisa Burden • April 20, 2020

7-Eleven franchisee settles EEOC claims it refused to accommodate workers with disabilities

The plaintiffs said employees unable to work for more than three days were terminated, a policy the defendant relied on to avoid making accommodations. 

By Lisa Burden • April 17, 2020

New York sues DOL, challenging COVID-19 paid leave regs

The state alleged DOL's rule creates new carve-outs "from whole cloth ... that appear nowhere in the text Congress enacted."

By Jennifer Carsen • April 17, 2020

Harassment reports fall but case closure times jump, study finds

"[T]here's no reason to think that workplace harassment is an issue that's gone away —​ and organizations should emphasize internal processes," the researchers noted.

By Jennifer Carsen • April 16, 2020

OSHA urges workers to 'immediately' report retaliation for reporting unsafe working conditions

Retaliation can include terminations, demotions, refusal to grant overtime or promotions or reductions in pay or hours, the agency said.

By Lisa Burden • April 16, 2020

'Exceptionally well-qualified' doctor can proceed with racial bias claim, 11th Cir. says

The plaintiff alleged she was asked to leave her position a few days after raising bias concerns.

By Jennifer Carsen • April 15, 2020

EEOC sues restaurant alleging owner solicited waitress for sex

Sexual misconduct is one of the biggest issues the restaurant industry faces, experts say.

By Lisa Burden • April 15, 2020

Judge denies McDonald's motion to dismiss $500M sexual harassment suit

The judge has also denied McDonald's motion to strike the suit's class allegations. 

By Sheryl Estrada • Updated July 21, 2021

7th Cir. upholds jury award for Hispanic worker subjected to harsher discipline

There was evidence the employer's HR manager "had little use for [the plaintiff]'s side of the story," the court said.

By Jennifer Carsen • April 14, 2020

Mailbag: How do I land a small business exemption from the coronavirus paid leave law?

HR Dive's mailbag series provides guidance on a common question about the FFCRA, which is causing affordability concerns for some employers.

By Ryan Golden • April 14, 2020

Hair Cuttery stylists say they were denied pay for hours worked before coronavirus closures

This is among the first pay-related lawsuits to result from business closures fueled by the pandemic. 

By Lisa Burden • April 14, 2020

Walmart sued in Illinois court over employee's COVID-19 death

The case reveals the potential for lawsuits alleging employer liability for workers' exposure to SARS-CoV-2.

By Jennifer Carsen • April 14, 2020

Safety takes priority in workplace training, survey finds

A quarter of respondents said they are using augmented or virtual reality-based tools for their trainings.

By Katie Clarey • April 14, 2020

SCOTUS won't decide whether EEOC can investigate after right-to-sue notice

The ruling has additional relevance thanks to EEOC's decision to suspend right-to-sue letters amid the COVID-19 pandemic.

By Ryan Golden • April 13, 2020

5th Cir. revives claim alleging 'near daily' racial slurs created hostile work environment

The plaintiff, an African-American sheet metal worker, said a co-worker threw his tools out of a moving vehicle and threatened to throw him off a roof.

By Lisa Burden • April 13, 2020

11th Cir.: Employee mocked for accent can move forward with claim despite 'inconsistencies'

As the court in this case noted, national origin bias or harassment can occur even if the perpetrator does not know the victim's ethnicity or nationality.

By Jennifer Carsen • April 9, 2020