Compliance: Page 46
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Home-care employer will pay $293K for alleged intentional misclassification
As the U.S. population ages and the need for care services explodes, providers may struggle to recruit and retain workers — an issue tied to persistent FLSA violations, DOL said.
By Laurel Kalser • Sept. 1, 2022 -
The image by HRPro14 is licensed under CC BY-SA 4.0
SHRM denies race bias allegations, asks court to dismiss lawsuit
The HR association attributed the plaintiff’s termination to poor performance.
By Caroline Colvin • Aug. 31, 2022 -
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 -
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California strengthens pay transparency, reporting mandates
Gov. Gavin Newsom signed SB 1162 into law Tuesday.
By Ryan Golden • Updated Sept. 28, 2022 -
Photo by Anna Tarazevich from Pexels
Former Kaiser Permanente professor alleges hostile workplace, false DEI promises
The biologist claimed the medical school is “a hostile work environment for Black doctors, faculty, staff and students.” Commenting to HR Dive, a Kaiser Permanente spokesperson disputed that characterization.
By Caroline Colvin • Aug. 31, 2022 -
Justin Sullivan via Getty Images
NLRB holds Tesla must permit workers to wear shirts with union insignia
Monday’s decision comes after months of what some observers have termed a lull in precedential decision-making at the agency.
By Ryan Golden • Aug. 30, 2022 -
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Appeals court revives H-2A worker’s claim that FLSA agricultural exemption didn’t apply
The employee was tasked with building livestock enclosures — a duty the 7th Circuit said didn’t necessarily fall within the exemption.
By Laurel Kalser • Aug. 30, 2022 -
Justin Sullivan / Staff via Getty Images
Facebook parent Meta to settle ex-employee’s disability bias claim
The former employee alleged Meta supervisors repeatedly denied accommodation requests and that the company subjected him to a hostile work environment.
By Ryan Golden • Aug. 29, 2022 -
Drew Angerer / Staff via Getty Images
Court blocks bid to reinstate OSHA pandemic standard for health workers
An appeals court ruled it lacked the authority to force OSHA to make certain rules, leaving discretion up to the workplace safety agency.
By Hailey Mensik • Aug. 29, 2022 -
JamesBrey via Getty Images
Texas harvesting firm settles DOJ claim it discriminated against US citizens
The H-2A visa program generally requires employers to offer agricultural jobs to U.S. workers first, the agency said.
By Kate Tornone • Aug. 26, 2022 -
Brendan Smialowski via Getty Images
SEC adopts pay-versus-performance disclosure rules
The rules, revived from a 2015 proposal, requires companies to include a table tracking both executive compensation and financial performance indicators for a five-year period.
By Grace Noto • Aug. 26, 2022 -
Justin Sullivan via Getty Images
Ex-USPS worker asks Supreme Court to weigh in on request for Sundays off
If the high court takes up the case, it could revisit a Title VII standard for religious accommodations.
By Kate Tornone • Aug. 25, 2022 -
Courtesy of https://corporate.walmart.com/photos/walmart-store-exterior-at-night
Walmart didn’t violate PDA by excluding pregnant workers from light duty, 7th Cir. says
The EEOC lost a Pregnancy Discrimination Act claim against the retail giant because Walmart offered light duty only to those employees injured on the job.
By Laurel Kalser • Aug. 24, 2022 -
Carol Highsmith. (2005). "The Apex Building" [Photo]. Retrieved from Wikimedia Commons.
Biden putting heat on companies’ treatment of independent contractors
In the latest move to help workers, two agencies are teaming up to become a more formidable foe of companies using anti-competitive tactics to hold down pay and benefits.
By Robert Freedman • Aug. 24, 2022 -
Spencer Platt via Getty Images
H-2B visa holders at risk for wage exploitation, EPI says
Industries that employ the majority of H-2B visa holders have accounted for nearly $1.8 billion in wage and hour violations during the past two decades, the think tank said.
By Ryan Golden • Aug. 24, 2022 -
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Jury should decide whether FMLA request sent via Facebook was valid, 4th Cir. says
Employers should consistently enforce call-in procedures, an expert previously told HR Dive.
By Laurel Kalser • Aug. 23, 2022 -
Scott Olson via Getty Images
In Buffalo, a shaken community pleads the EEOC to take action
Opportunities alone haven’t been enough to help the city’s Black residents break down long-standing barriers, witnesses told the agency.
By Ryan Golden • Aug. 22, 2022 -
Layla Bird via Getty Images
8 takeaways about mental health and the ADA from an EEOC attorney
Everyone should be assessed individually, Sharon Rennert, senior attorney advisor to the EEOC, said in an Aug. 17 webinar.
By Emilie Shumway • Aug. 22, 2022 -
DenisTangneyJr/iStock via Getty Images
Judge puts the brakes on Florida’s Stop WOKE Act
The law contains terms so vague that employers and other parties could not determine what speech it prohibits, plaintiffs alleged.
By Ryan Golden • Aug. 19, 2022 -
Drew Angerer/Getty via Getty Images
Court approves Apple’s $30M settlement with workers over time spent in security checks
The retailer previously required employees to undergo off-the-clock bag searches every time they left the store.
By Emilie Shumway • Aug. 19, 2022 -
Ed Brown. (2005). "Francis Perkins Building" [Photo]. Retrieved from Wikimedia Commons.
FOIA request prompts feds to ask: Should contractors’ EEO-1 data be made public?
Affected contractors have until Oct. 19 to object to the release of Type 2 Consolidated EEO-1 reports between 2016 and 2020, OFCCP said.
By Ryan Golden • Updated Sept. 19, 2022 -
Dimitrios Kambouris via Getty Images
4th Cir. holds gender dysphoria may be an ADA-covered disability
Though not directly related to employment policies, the decision could have workplace implications, some observers said.
By Ryan Golden • Aug. 17, 2022 -
Photo illustration by Danielle Ternes/HR Dive; photograph by spainter_vfx via Getty Images
ICE seeks permanent remote I-9 document review
Until recently, ICE required that all employers examine worker identification in person. A temporary pandemic-driven exemption remains in place.
By Kate Tornone • Aug. 17, 2022 -
Ethan Miller via Getty Images
Taco Bell franchisee to settle arbitration case that went before SCOTUS
The news may spell the end for one of the Supreme Court’s trio of arbitration cases from its last term.
By Ryan Golden • Aug. 16, 2022 -
Ryan Golden/HR Dive
Employer will pay $184K to settle claim it fired a worker with cancer due to COVID-19 concerns
Even if done with good intentions, employers violate the ADA when they “reflexively fire employees after learning of a medical condition,” EEOC has said.
By Laurel Kalser • Aug. 16, 2022 -
Brian Tucker/HR Dive
Mailbag: How do you fill out the EEO-1 form for a nonbinary worker?
“We don’t have to overcomplicate things for the people. We’re trying to amplify their voice,” McLean’s HR lead told HR Dive.
By Caroline Colvin • Aug. 16, 2022
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