Compliance: Page 97
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Between 28% and 46% of private-sector workers are subject to noncompetes
Employers may want to consider their target workforce when deciding whether the agreements are worth the hassle and legal risks.
By Jennifer Carsen • Dec. 16, 2019 -
McDonald's lands major joint employment win
NLRB approved a settlement that absolved the corporation from joint responsibility for certain alleged franchisee labor violations.
By Emma Liem Beckett • Dec. 13, 2019 -
Explore the Trendline➔
Adeline Kon/HR Dive
TrendlineInside 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 -
The image by Paul Nelhams is licensed under CC BY-ND 2.0
Pilots, flight attendants sue Frontier for breastfeeding and pregnancy bias
The airline allegedly forced all pregnant pilots onto unpaid leave at 32 weeks of pregnancy and refused to accommodate on-duty breastfeeding.
By Jennifer Carsen • Dec. 13, 2019 -
Employer pays $93K after manager allegedly mocked employee with Tourette's
An employer can be liable when workers engage in unlawful harassment, unless it can show it took immediate, appropriate corrective action.
By Lisa Burden • Dec. 13, 2019 -
Deep Dive
Employers ban vaping as its reputation goes up in smoke
Experts say large companies are leading the way, adding vaping to workplace tobacco policies.
By Jennifer Carsen • Dec. 13, 2019 -
Ford didn't violate ADA by taking 10 months to reassign employee
An appeals court said Ford provided ample evidence that it could not increase its headcount without permission from the finance department.
By Lisa Burden , Kate Tornone • Dec. 12, 2019 -
Title VII pay claims do not require EPA violations, court says
"A Title VII plaintiff alleging a discriminatory compensation practice need not establish that she performed equal work for unequal pay," the 2nd Circuit said.
By Jennifer Carsen • Dec. 12, 2019 -
USCIS: 2021 H-1B visa filing season to require electronic registration
Employers who rely on the H-1B visa program to fill certain high-skill roles have reported a number of challenges in recent years.
By Ryan Golden • Dec. 12, 2019 -
DOL updates FLSA regular rate rule
The rule defines when certain benefits may be excluded from overtime calculations and will take effect Jan. 12, 2020.
By Ryan Golden • Updated Dec. 12, 2019 -
Court OKs hospital's rescinded job offer for worker being treated with oxycodone, fentanyl
The employer was entitled to rely on a doctor's conclusion that the medications could interfere with her "mental acuity," the 10th Circuit said.
By Lisa Burden • Dec. 11, 2019 -
FMLA didn't protect worker who made threats while on leave
Employers that dole out legitimate discipline — and document it well — often are in a good position to defend actions taken during protected leave.
By Jennifer Carsen • Dec. 11, 2019 -
Attorneys general urge DOL to drop fluctuating workweek proposal
Use of the fluctuating workweek method isn't widespread, but DOL estimated that more than 700,000 workers meet criteria that would allow them to be compensated in that way.
By Jennifer Carsen • Dec. 11, 2019 -
Texas firefighter alleges sexual harassment swept 'under the rug' forced her retirement
The plaintiff alleged "ongoing sexual harassment," which included being slapped on the buttocks by a co-worker in front of her 8-year-old daughter.
By Lisa Burden • Dec. 9, 2019 -
Chipotle settles EEOC suit alleging worker was locked in freezer after reporting harassment
The Commission noted that, like this charge, roughly 16% of sexual harassment charges filed with the agency are brought by male workers.
By Lisa Burden • Dec. 6, 2019 -
AAUW: Sexual harassment impairs women's health, earnings and job choices
The persistent issue threatens to impede women's progress at work.
By Valerie Bolden-Barrett • Dec. 5, 2019 -
Warren-backed bill would expand FMLA, pay protections for part-time employees
The announcement, which comes at the height of the holiday shopping season, would address several issues of particular concern to seasonal workers.
By Ryan Golden • Dec. 4, 2019 -
79-year-old Delta flight attendant with 'outstanding' record alleges age discrimination
The allegations show that HR can play an important role in creating and maintaining an inclusive culture.
By Jennifer Carsen • Dec. 4, 2019 -
Target manager didn't frame employee for drug possession, 2nd Cir. concludes
When an employee engages in misconduct shortly after a protected activity, managers may be concerned about discipline. But consistent policy enforcement can prevent future claims.
By Jennifer Carsen , Katie Clarey • Dec. 4, 2019 -
On the Border settles race claim for $100K and a letter from its chief people officer
EEOC alleged the employer failed to act when employees at the restaurant repeatedly subjected a co-worker to racial slurs.
By Lisa Burden • Dec. 3, 2019 -
'Food demonstrators' denied seats get $2.6M ADA settlement
EEOC takes the position that a policy modification can be a reasonable accommodation.
By Lisa Burden • Dec. 3, 2019 -
Worker whose disability caused an accident has no ADA claim, 5th Cir. says
The ruling illustrates that employers remain free to take adverse employment actions for legitimate, nondiscriminatory reasons.
By Lisa Burden • Nov. 27, 2019 -
Deep Dive
Don't just add 'other': How to make employment forms inclusive
Many companies have inadvertent gaps in their D&I efforts — particularly when it comes to gender non-conforming applicants and employees.
By Jennifer Carsen • Nov. 27, 2019 -
Firefighter's termination stemmed from alleged fraud, not bias, court says
Protected activity such as a safety or harassment complaint doesn't insulate employees from separate discipline, a recent ruling demonstrates.
By Lisa Burden • Nov. 26, 2019 -
NY racetrack employers pay $1M to resolve wage, visa claims
The state's enforcement action is one of several similar moves the industry has faced in recent months.
By Lisa Burden • Nov. 25, 2019 -
Judge approves McDonald's $26M California wage settlement
The approval ends seven years of litigation over alleged wage and hour violations at corporate stores.
By Julie Littman • Updated Oct. 8, 2020
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