Compliance: Page 43


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    2nd Cir. revives worker's retaliation claim after inconsistencies in company's explanation for firing emerge

    Different managers produced different reasons for the firing, and the timing — following a complaint to HR — made the circumstances suspect, the 2nd Circuit noted.

    By Laurel Kalser • July 18, 2022
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    Alex Wong via Getty Images
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    Conservative legal group issues early challenge to abortion-access benefit

    In an investigation request submitted to the EEOC, America First Legal charged that abortion-access benefits discriminate against pregnant women who do not seek abortions.

    By July 18, 2022
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    Q&A

    Antitrust is an HR concern, says Proskauer attorney

    Enforcement agencies and plaintiffs remained focused on restrictive covenants, said Proskauer partner and antitrust group co-chair Colin Kass.

    By Carla Bell • July 18, 2022
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    Sam Silverstein/HR Dive
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    Blocked aisles may cost Dollar General store $136K in OSHA fines

    For the second time since 2021, a Pennsylvania Dollar General store faces penalties for blocked aisles and exit routes, this time exceeding $100K, according to an OSHA release.

    By Laurel Kalser • July 15, 2022
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    Alex Wong/Getty Images via Getty Images
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    DOL wants to know: Is long COVID-19 creating workforce challenges?

    The agency’s “virtual crowdsourcing event” will be open to stakeholders for a period of 30 days, an official told HR Dive.

    By July 15, 2022
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    David Dee Delgado / Stringer via Getty Images
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    Employers must now justify COVID-19 testing, EEOC says

    Previously, the agency said the ADA always permitted employer worksite coronavirus testing.

    By July 14, 2022
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    Sean Gallup via Getty Images
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    Family members' COVID-19 test results off-limits under GINA, EEOC says

    A Florida dermatology office will stop asking employees for the results of family members’ COVID-19 tests after the EEOC found this violated GINA.

    By Laurel Kalser • July 14, 2022
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    Mario Arango via Getty Images
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    DOL says home healthcare provider threatened workers, forged payroll records while under investigation

    Heavenly Hands Home Healthcare, which previously agreed to pay $413,382 in back wages, denied the allegations.

    By July 14, 2022
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    Ryan Golden/HR Dive
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    Texas contractor settles $50K racial discrimination suit

    The Equal Employment Opportunity Commission alleged Lone Wolf Resources called a Black truck driver the N-word, among other slurs, and told a supervisor not to hire more Black people because “they are lazy.”

    By Joe Bousquin • July 14, 2022
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    Thank you for your assistant via Getty Images
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    Citing weak enforcement, advocates pitch $100M OSHA funding increase

    A budgetary expansion of that size would be roughly five times greater than what OSHA received in the most recent Congressional spending bill.

    By July 13, 2022
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    tattywelshie via Getty Images
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    Suit: WVU Med's response to Kronos outage led to missed wages, overtime pay

    West Virginia University Medical Corp. is one of several employers facing legal action due to the vendor’s December 2021 ransomware incident.

    By July 12, 2022
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    (Mario Tama/Getty Images) via Getty Images
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    Trucking groups to request stay of enforcement for California's AB5 law

    A coalition of more than 70 industry groups will express concerns with enforcement of the landmark labor law in a letter to the governor this week, according to a California Trucking Association official.

    By Colin Campbell • July 11, 2022
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    Historic SCOTUS term includes 3 notable arbitration rulings

    One of the cases, which involved claims made under California’s Private Attorneys General Act, resulted in a stunning, complex decision, sources said.

    By July 11, 2022
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    Justin Sullivan via Getty Images
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    California to vote on $18 minimum wage — in 2024

    After failing to make the cut for the state's November 2022 election, the measure received approval to appear on California's 2024 general election ballot.

    By July 8, 2022
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    Joe Raedle via Getty Images
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    Hobby Lobby store refused employee her service dog in violation of ADA, EEOC says

    While service animals can be rejected as an accommodation in some circumstances, the bar is high, EEOC previously noted.

    By July 8, 2022
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    AJ_Watt via Getty Images
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    EEOC suit: Employer's mandatory prayer meetings were discriminatory

    An employer allegedly violated Title VII when it didn’t accommodate and then fired two employees who refused to attend mandatory prayer meetings.

    By Laurel Kalser • July 7, 2022
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    Jury may hear Georgia Pacific HR pro's claim that she was fired for testifying against former employer

    HR managers engage in protected activity when they oppose their current or a former employer’s allegedly discriminatory practices, the 11th Circuit held.

    By Laurel Kalser • July 6, 2022
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    'You have to be cautious': 3 fast FMLA compliance tips

    Employers can reduce compliance risk by conducting annual audits and giving employees time to file certifications, WorkForce Software’s Paul Kramer said.

    By July 5, 2022
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    zhuzhu via Getty Images
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    As costs rise, is an $18 minimum wage the new standard for pay debates?

    Beginning in 2028, workers in Hawaii must be paid at least $18 per hour. Nationwide, however, total compensation is likely to increase moving forward.

    By July 5, 2022
  • The SHRM sign outside the New Orleans convention center.
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    Emilie Shumway/HR Dive
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    Ex-SHRM worker alleges organization let bias fester behind 'principled public facade'

    The plaintiff, an Egyptian woman, said her supervisor “systematically favored” her White charges and that the plaintiff was eventually fired for complaining.

    By July 1, 2022
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    SCOTUS won't hear challenge to health worker vaccine mandate

    Justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissented in the court’s decision regarding the New York lawsuit.

    By Hailey Mensik • July 1, 2022
  • A Kroger associate wear the grocer's apron and heart logo.
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    Courtesy of Kroger
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    Jury should hear Kroger workers' dress code claim, judge says

    The employees refused to wear a four-color heart logo, saying they believed it represented support for LGBTQ individuals.

    By July 1, 2022
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    Brian Tucker/HR Dive
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    Mailbag: How do I respond to rumors about a union?

    Don't spend time perusing Google, recommended attorney and consultant Kate Bischoff. Search results will yield only the traditional labor handbook.

    By July 1, 2022
  • An employee wears a face mask and uses a mobile phone on the job at a construction site.
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    xiaoke chen via Getty Images
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    DOL expands timekeeping app aimed at empowering workers

    Management-side attorneys, however, have generally cautioned employers about using the app or encouraging workers to do so.

    By Updated June 30, 2022
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    Court revives claim of 'egregious' age-based harassment

    A former plant worker who claimed he was forced to quit because his employer refused to stop co-workers’ relentless age-based harassment can take his case to a jury, a split panel of the 7th Circuit held.

    By Laurel Kalser • June 29, 2022