Compliance: Page 93
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Mailbag: Can we require an employee to pass a COVID-19 test before returning to work?
In HR Dive's Mailbag series, we answer HR professionals' questions about all things work. Today: mandatory COVID-19 tests.
By Kate Tornone • April 28, 2020 -
3rd Cir.: Project manager asked for sick days, not FMLA leave
Nothing suggested that the plaintiff or any of her supervisors understood that she was on leave for an FMLA-qualifying reason, the court said.
By Lisa Burden • April 28, 2020 -
Kate Tornone/HR Dive
EEOC greenlights COVID-19 testing at work
According to guidance updated April 23, a mandatory COVID-19 test may be administered if it is "job related and consistent with business necessity."
By Jennifer Carsen • April 27, 2020 -
Rawf8/Getty Images Plus via Getty Images
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 -
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 -
Ryan Golden/HR Dive
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 -
Permission granted by 7-Eleven
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 -
"200311-N-NI812-0009". Retrieved from Navy Medicine.
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
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