Supervisor's actions fell short of 'extreme' hostile work standard, 9th Cir. says

His remarks about the worker's epilepsy, though derogatory, were isolated incidents, the court noted.

By Lisa Burden • April 9, 2020

Poor performance, not retaliation, led to waiter's firing days after complaint

An employer can take an unrelated adverse action against a worker who has engaged in protected activity, sources say, but it should have evidence of the legitimate reason.

By Lisa Burden • April 9, 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

Male doctor paid more due to experience, specialty, not sex, 11th Cir. says

Employers are generally free to make personnel decisions as they see fit, so long as they are motivated by non-discriminatory, legitimate reasons.

By Jennifer Carsen • April 8, 2020

Users report glitches, mistaken denials in new H-1B registration system

USCIS has attempted to overhaul the H-1B application process to make it easier for employers, one source told HR Dive.

By Ryan Golden • April 8, 2020

8-month-long sexual harassment investigation was 'sufficiently expeditious,' 2nd Cir. finds

A prison employee alleged the employer failed to take appropriate steps to stop a co-worker who she claimed circulated intimate photos of her.

By Lisa Burden • April 7, 2020

States, cities ask workers to report employer COVID-19 shutdown violations

New York, Oregon and Kansas City, Missouri, have asked for workers' help to identify non-compliant businesses.

By Jennifer Carsen • April 7, 2020

HR pro allegedly released weeks before retirement vested gets age claim revived

The employee provided evidence that another applicant was pre-selected for the position he sought.

By Lisa Burden • April 6, 2020

2nd Cir.: Worker may have faced bias, but not from those involved in her firing

The incidents may have caused her "understandable frustration and disappointment," but the termination was not motivated by bias, the court said.

By Jennifer Carsen • April 6, 2020

Dems slam DOL's coronavirus leave law guidance

The agency interpreted the FFCRA in ways that may be more or less narrow than the statute's text, a source told HR Dive.

By Ryan Golden • Updated April 6, 2020

An area for caution: Asking about personal travel

As employers worry about workers' exposure to the new coronavirus, they must mind anti-bias laws.

By Katie Clarey • April 3, 2020

Workers' coronavirus-related complaints confound employers

Most didn't fall within the usual framework of disability discrimination, retaliation and safety, the results noted.

By Jennifer Carsen • April 3, 2020

Transfer wasn't retaliation for ADA accommodation request, 9th Cir. says

The five to six months between the request and the transfer wasn’t an interval that could establish causation, the court said.

By Lisa Burden • April 3, 2020

Dollar General manager's 'isolated comments' didn't show disability discrimination, 7th Cir. says

Employers often can defeat discrimination claims by demonstrating a legitimate, non-discriminatory reason for an adverse decision.

By Lisa Burden • April 2, 2020

5th Cir. upholds jury verdict awarding Texas police lieutenants overtime

Misclassification of employees under the FLSA is a common issue and can lead to costly litigation.

By Lisa Burden • April 2, 2020

DOL publishes rule implementing coronavirus leave law

The agency made technical corrections to its regulations April 10.

By Ryan Golden , Kate Tornone • Updated April 2, 2020

DOL outlines rules for bonuses, benefits in overtime calculations

The clarifications came in the form of three opinion letters regarding the new regular rate regulations.

By Jennifer Carsen • April 1, 2020

EEOC emphasizes anti-discrimination laws in COVID-19 response webinar

A global pandemic may have caused the transformation of federal leave laws, but the country's discrimination laws are very much intact, speakers said.

By Jennifer Carsen • March 31, 2020

9th Cir.: Employees failed to show background check info was confusing

A dissenting judge, however, said that when a job applicant is unaware he or she is authorizing a consumer report, the employer may violate FCRA.

By Lisa Burden • March 31, 2020

DOL outlines small-business exemption from coronavirus paid leave law

Businesses with fewer than 50 employees are exempt from two aspects of the FFCRA, the agency said.

By Ryan Golden • March 30, 2020

What HR needs to know about the coronavirus paid leave law

In less than two weeks, U.S. small businesses have experienced a drastic change in the compliance landscape.

By Ryan Golden • March 30, 2020

EEOC urges employers to mind bias against Asian Americans during pandemic

There have been reports of "mistreatment and harassment," the agency's chair said in a statement.

By Lisa Burden • March 30, 2020

Postmates couriers are employees, New York appeals court finds

Laws generally are evolving to make it more difficult for companies to establish gig worker status — a change many businesses are fighting.

By Jennifer Carsen • March 30, 2020

$2 trillion COVID-19 package prioritizes relief for workers, small businesses

Among other things, the CARES Act includes a payroll tax credit for certain employers.

By Sheryl Estrada • Updated April 2, 2020

Employer need not ignore communication failings related to accent, court says

An employer may make a decision based on an individual's accent if it "interferes materially with job performance," according to EEOC.

By Lisa Burden • March 27, 2020

1st Cir.: Job descriptions do not dictate essential functions

The City of Somerville, Massachusetts, may have discriminated against an officer whom it forced to retire due to his monocular vision. 

By Jennifer Carsen • March 27, 2020