Compliance: Page 99
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Opinion
How do independent contractors fit into sexual harassment training rules?
Even if not subject to a training mandate, employers should start researching options now, writes Kara Hertzog of Innovative Employee Solutions.
By Kara Hertzog • Dec. 20, 2019 -
New year, new overtime rules: Tips for the final days of 2019
For those still making adjustments, we've collected some insight and analysis on the overtime rule.
By Ryan Golden • Dec. 20, 2019 -
NYPD did not discriminate in firing trainee for undisclosed medical history
The employee failed to tell her employer about a "significant" history of anxiety and panic attacks, the court said.
By Lisa Burden • Dec. 19, 2019 -
Vox's SB Nation cuts California freelancers citing new 'ABC test'
The announcement is "interesting and maybe telling" about the publisher's reliance on independent contractors, one source told HR Dive.
By Ryan Golden • Dec. 19, 2019 -
He's 'just too old:' Execs' comments were more than stray remarks, court finds
A reasonable person could conclude that discrimination had occurred, the 9th Circuit said, reviving the employee's claim.
By Lisa Burden • Dec. 18, 2019 -
Big Lots' $7M settlement ends post-shift waiting time suit
California has particularly stringent wage and hour laws, but even under the FLSA, non-exempt employees generally must be paid for all time worked.
By Jennifer Carsen • Dec. 18, 2019 -
CEOs call for nationwide paid family leave
Such legislation would help businesses "challenged by the growing patchwork of competing and inconsistent state plans," stakeholders said.
By Lisa Burden • Dec. 17, 2019 -
3 key compliance practices for the holidays
Christmas and certain days of Hanukkah and Kwanzaa fall within the same week this year, so employers need to treat scheduling carefully, attorneys said.
By Ryan Golden • Dec. 17, 2019 -
Chipotle did not discriminate against undocumented workers, 9th Cir. says
This lawsuit touched on a subset of national origin discrimination: language discrimination.
By Jennifer Carsen • Dec. 17, 2019 -
No evidence that Chipotle denied workers meal breaks, 9th Cir. concludes
The allegations serve as a reminder that when nonexempt employees work during a break, they must be compensated for that time.
By Lisa Burden • Dec. 17, 2019 -
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 -
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
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