Compliance: Page 130
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SCOTUS won't reconsider In-N-Out employees' right to wear 'Fight for $15' buttons
Policies prohibiting such items must conform to a narrow exception and In-N-Out's didn't, both the NLRB and the 5th Circuit determined.
By Lisa Burden • Updated Feb. 25, 2019 -
NC Golden Corral pays $85K to settle claims that manager harassed worker with autism
The EEOC said it takes allegations involving misconduct and an employer's failure to stop it seriously, and will prosecute cases involving such abuse.
By Lisa Burden • July 26, 2018 -
Explore the Trendline➔
Adeline Kon/HR DiveTrendlineInside 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 -
Sexual harassment reporting process doesn't prevent liability, 3rd Cir. says
An employee's fear of retaliation can leave an employer defending a claim from someone who never complained.
By Lisa Burden • July 25, 2018 -
Opinion
Developing an effective third-party compliance training program
Third-party due diligence programs have become the focus of compliance departments, but monitoring third parties after initiating a relationship is also necessary, said Valerie Charles of GAN Integrity.
By Valerie Charles • July 25, 2018 -
Minimum wage doesn't apply to contractors' seasonal, recreational services, DOL says
The Trump administration holds that implementation of the Obama-era order threatened to "significantly raise" the cost of guided hikes and tours on federal lands.
By Lisa Burden • July 24, 2018 -
Vermont's harassment bill establishes a new target: 'No rehire' clauses
Multiple states are considering legislation to ban non-disclosure agreements covering sexual misconduct, but this is the first bill passed that includes language on such clauses.
By Valerie Bolden-Barrett • July 24, 2018 -
As more directors receive harassment training, notable gaps remain
After #MeToo, HR observers expected more workplaces to act quickly to update training guidelines. But that hasn't necessarily been the case.
By Valerie Bolden-Barrett • July 23, 2018 -
Gas station's occasional cash payments for overtime didn't fulfill FLSA requirements
DOL said the employer paid workers $100 cash on an occasional basis, without regard to the number of overtime hours they actually worked.
By Lisa Burden • July 23, 2018 -
HR pro's request for new supervisor wasn't a reasonable accommodation
In a suit involving the University of Pennsylvania Health System, the 3rd Circuit made clear that the ADA does not entitle employees to their preferred accommodations.
By Lisa Burden • July 20, 2018 -
Manufacturer pays $1M for 180-day, no-fault attendance policy
Such policies violate the ADA, EEOC says, because the law requires that each request be evaluated individually.
By Kathryn Moody , Valerie Bolden-Barrett • July 20, 2018 -
Web accessibility isn't a 'one-and-done' task
While online access isn't the only way, employers need to remember that the ADA requires that application and interview processes be accessible.
By Riia O'Donnell • July 19, 2018 -
Employer pays $98K to settle temp's failure-to-hire charge
Front-line managers continue to cause a large number of discrimination claims, experts say, but there are several types of training that can help.
By Kate Tornone , Riia O'Donnell • July 19, 2018 -
Researchers: H-1B workers bring innovation to business
As the skills gap continues to vex employers, more are looking to foreign talent to bridge the gap — and for good reason, a new study claims.
By Katie Clarey • July 19, 2018 -
Nursing aide harassed by patient can take claims to trial, 5th Cir. says
Inappropriate comments and incidental contact are common in certain fields, but employers still must take steps to protect employees.
By Lisa Burden • July 19, 2018 -
Judge rejects McDonald's, NLRB joint-employment settlement
NLRB likely will continue to try to resolve the case with a settlement agreement to ensure it can continue with its planned joint-employment rulemaking.
By Kate Tornone • July 18, 2018 -
Discrimination claim waivers can be 'anticipatory retaliation,' court says
EEOC has taken the position that certain waivers in severance or last-chance agreements can violate federal law, and some courts are entertaining the idea.
By Lisa Burden and Kate Tornone • July 18, 2018 -
DOL drops Obama-era persuader rule
The regulation, blocked by a district court during the final weeks of the Obama administration, set out specific requirements for employers facing unionization efforts.
By Ryan Golden • July 18, 2018 -
Study: Men who fear being seen as incompetent are prone to sexually harassing subordinates
The researchers present the idea that the behavior of sexual predators in the workplace stems from the belief that others think they're ill-suited to their positions.
By Valerie Bolden-Barrett • July 18, 2018 -
Auto-deducted lunch breaks land employer in hot water
The FLSA doesn't explicitly prohibit exceptions timekeeping, but it can be risky, experts say.
By Lisa Burden • July 17, 2018 -
Car wash pays $225K to settle claims it failed to promote black workers
Black employees also often trained the white workers who became their managers or supervisors, according to EEOC.
By Valerie Bolden-Barrett • July 16, 2018 -
Deep Dive
How to ask the right interview questions — and avoid the wrong ones
It's a tall order for HR professionals and hiring managers: get the information you need, without running afoul of the law.
By Pamela DeLoatch • July 16, 2018 -
Long lunch break wasn't required ADA accommodation, 6th Cir. says
The employee failed to show how the extended break would accommodate her disability, the court explained.
By Lisa Burden • July 16, 2018 -
Which employment cases could see Supreme Court review next term?
There are several cases that underpin big employment law issues that are ripe for consideration, according to EEOC's associate legal counsel.
By Kathryn Moody • July 13, 2018 -
7th Cir. revives full-time handyman's independent contractor claim
As employers increasingly rely on gig workers, HR will need to have a good understanding of exactly who is working for the company.
By Lisa Burden • July 13, 2018 -
Deep Dive
Does your ATS know about EEO?
Using an applicant tracking system can ease the recruitment process, but HR still must ensure compliance with nondiscrimination law.
By Riia O'Donnell • July 12, 2018