Compliance: Page 22


  • Hotel front for Hyatt in Palm Springs
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    Courtesy of Hyatt
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    Appeals court says Hyatt wrongfully delayed paying out vacation time in COVID-19-driven layoffs

    In making the decision, the court had to turn to California labor documentation from over 20 years ago.

    By Oct. 2, 2023
  • Variety of butchered meat in a display counter
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    Sean Gallup via Getty Images
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    Tyson, Hormel face class action over worker compensation

    Executives allegedly held secret meetings and “off-the-books” dinners to discuss worker pay rates, supporting a “plausible inference” of a conspiracy to suppress wages.

    By Nathan Owens • Oct. 2, 2023
  • A person walks toward the door of the U.S. Department of Labor building.
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    Kate Tornone/HR Dive
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    Judge rejects employer’s argument that DOL’s FLSA salary test is illegal

    An Austin, Texas, restaurant operator claimed the agency lacked statutory authority to set a minimum salary threshold for executive, administrative and professional employees.

    By Sept. 29, 2023
  • A bank of windows below a red sign that says "Chipotle." A man stands in the background inside the restaurant.
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    Justin Sullivan via Getty Images
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    EEOC alleges Chipotle supervisor pulled on, removed Muslim worker’s hijab

    The case may point to the need for anti-harassment training for managers.

    By Sept. 29, 2023
  • An aerial view of Tesla's factory in Fremont, California.
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    Justin Sullivan via Getty Images
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    Racial slurs ‘casual and normal’ at Tesla factory, EEOC says

    In a discrimination and retaliation lawsuit, the agency alleged a pervasive pattern of racism against Black employees at the carmaker’s plant in Fremont.

    By Kalena Thomhave • Sept. 29, 2023
  • Cropped shot of a team of garbage collectors
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    PeopleImages via Getty Images
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    Waste Pro, GFL face EEOC lawsuits over race and sex discrimination complaints

    EEOC says female applicants were systematically denied truck driver jobs at GFL’s Waste Industries and Trans Waste locations. Separately, the agency says Waste Pro failed to intervene when a Black worker faced racial slurs.

    By Megan Quinn • Sept. 28, 2023
  • The TikTok app is displayed on an Apple iPhone.
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    Photo Illustration by Drew Angerer via Getty Images
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    Black employees say working at TikTok was ‘​an absolute nightmare’

    One of the workers alleged the app’s parent company, ByteDance, retaliated against her after she complained of unfair treatment and derogatory name-calling by a supervisor.

    By Sept. 26, 2023
  • A Starbucks union member speaks into a megaphone
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    Michael M. Santiago via Getty Images
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    NLRB dings Starbucks for cracking down on union T-shirts

    Employees also were illegally barred from writing customer-provided, pro-union monikers on cups, among other violations, NLRB found. 

    By Sept. 26, 2023
  • Header image for "Tyson CFO Arrested, Reviving Critics’ Concerns Over Inexperience, Conflict of Interest"
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    CFO Editorial Staff
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    Tyson, Perdue under investigation following reports of child labor at slaughterhouses

    The poultry companies face a federal probe after a New York Times Magazine article detailed a 14-year-old being maimed by equipment at a Virginia plant.

    By Chris Casey • Sept. 26, 2023
  • The front facade of a courthouse is shown, bearing the words "John Minor Wisdom United States Court of Appeals Building Fifth Circuit"
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    Rex_Wholster via Getty Images
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    Labeling workers independent contractors doesn’t make it so, 5th Cir. warns

    A business was subject to Title VII because its nearly 50 caregivers were employees, not independent contractors, the court held.

    By Laurel Kalser • Sept. 25, 2023
  • U.S. Equal Employment Opportunity Commission exterior
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    Caroline Colvin/HR Dive
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    EEOC sets its enforcement sights on AI, bias against vulnerable workers

    The commission placed the elimination of barriers in employers’ recruitment and hiring practices at the top of its subject matter priorities.

    By Sept. 25, 2023
  • Pregnant Workers Fairness Act advocates rally on Capitol Hill
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    Paul Morigi via Getty Images
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    Federal workplace pregnancy protections pose new questions for HR

    Employers should be aware of how the Pregnant Workers Fairness Act intersects with the Americans with Disabilities Act, speakers said in a virtual event Wednesday.

    By Sept. 25, 2023
  • A logo sits illuminated outside the IBM booth at the SK telecom booth on day 1 of the GSMA Mobile World Congress on February 28, 2022 in Barcelona, Spain.
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    David Ramos / Staff via Getty Images
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    HR pros say IBM fired them due to their age, planned to replace them with AI

    The lawsuit represents the latest in a series of age discrimination claims against IBM stretching several years.

    By Sept. 22, 2023
  • U.S. Equal Employment Opportunity Commission
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    Caroline Colvin/HR Dive
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    EEOC: Appliance store denied accommodation to, terminated employee with long COVID

    Notably, EEOC’s pursuit of the case shows the agency is willing to consider long COVID disability cases from early in the pandemic — before the condition was apparent.

    By Sept. 22, 2023
  • A UPS driver makes a delivery on June 30, 2023 in Miami, Florida.
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    Joe Raedle via Getty Images
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    UPS driver asks SCOTUS to take up ADA reasonable accommodation question

    The 4th Circuit broke with the high court’s precedent by conflating equipment modification with a change in essential job functions, the employee said.

    By Sept. 21, 2023
  • A basketball hoop is seen in the foreground, with an office building featuring the Progressive logo in the background.
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    Courtesy of progressive.mediaroom.com
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    Progressive Insurance must face trial in trans discrimination case

    The former employee alleged he was subject to repeated misgendering, passed over for a promotion and subjected to an unwanted transfer. 

    By Sept. 21, 2023
  • A collage shows a notebook with the words "Equal Employment Opportunity Commission" next to a judge's gavel.
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    syahrir maulana/iStock/Getty Images Plus via Getty Images
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    EEOC: Trucking companies allowed harassment of mechanics over sexuality

    After the mechanics reported the harassment, the shop manager allegedly threatened to fire anyone who complained to HR, EEOC said.

    By Sept. 20, 2023
  • A red stop-work order is taped to a Boston Market door.
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    Kate Tornone/HR Dive
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    Boston Market pays $630K in back wages, lifting stop-work order

    The New Jersey Department of Labor gave the green light for Boston Market to reopen 27 locations, but it’s unclear how many have done so.

    By Aneurin Canham-Clyne • Sept. 18, 2023
  • U.S. Citizenship and Immigration Services visa application
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    Eblis via Getty Images
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    DHS proposal would block labor law violators from H-2A, H-2B visa programs

    The rule would grant temporary nonimmigrant workers whistleblower protections and extend “grace periods” for workers whose petitions have expired or been revoked.

    By Sept. 18, 2023
  • A mourner pauses in front of a memorial for the nine victims of a shooting.
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    Justin Sullivan via Getty Images
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    California set to require workplace violence prevention plans

    Senate Bill 553 would require most businesses to maintain logs on violent incidents.

    By Sept. 18, 2023
  • Close-up stock photograph showing a touchscreen monitor on which a woman’s hand is asking an AI chatbot pre-typed questions.
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    Laurence Dutton via Getty Images
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    Opinion

    As HR meets AI, 4 steps to avoid legal headaches

    The threat of legal action relating to AI will only increase from here, according to employment attorneys at Parker Poe.

    By Tory Summey and Jeremy Locklear • Sept. 15, 2023
  • Sweetgreen opened a location at World Trade Center Tower 3 in NYC in October 2021.
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    Permission granted by Sweetgreen
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    Black Sweetgreen workers sue chain for racial discrimination and sexual harassment

    Managers and coworkers called Black workers racial slurs and female workers faced sexual harassment and inappropriate touching, a lawsuit claims.

    By Julie Littman • Sept. 15, 2023
  • The California State Capitol building at dusk.
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    rschlie via Getty Images
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    California state Senate passes major restaurant labor compromise

    The labor deal, which repeals and replaces the fast food council law, AB 257, can take effect if Gov. Gavin Newsom signs it by Oct. 14.

    By Aneurin Canham-Clyne • Updated Sept. 15, 2023
  • U.S. Department of Homeland Security seal
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    Chip Somodevilla via Getty Images
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    GOP senators’ bill would mandate E-Verify, raise minimum wage to $11 an hour

    The bill, which is similar to a 2021 Republican proposal, would use a phased compliance schedule for small businesses.

    By Sept. 14, 2023
  • Do employers need to pay for worker commutes?

    A Biden memo on federal workers has raised new questions for the private sector.

    By Sept. 14, 2023