Mailbag: Should we make cryptocurrency a 401(k) option?

“When you’re evaluating your risk tolerance, you have to decide your appetite,” said Phillip C. Bauknight, partner at Fisher Phillips.  

By Katie Clarey • June 16, 2022

As regulators target noncompete agreements, employers could seek alternatives

Nonsolicitation agreements, nondisclosure agreements and other documents may help protect employers’ investments, attorney Gregory Hare told SHRM22 attendees.

By Ryan Golden • June 15, 2022

Explore the Trendline➔

Inside 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

Discouraging employees from taking leave can violate the FMLA, 7th Cir. says

An employer may run afoul of the law if it discourages an employee from requesting leave even if it doesn’t actually deny a request, the court held.

By Laurel Kalser • June 14, 2022

FLSA permits unpaid internships even if employers benefit, 11th Cir. confirms

While the employee must be the “primary beneficiary” of the arrangement, there is “nothing inherently wrong” with an employer benefiting, too, the court said.

By Kate Tornone • June 13, 2022

How to avoid immigration pitfalls in the hybrid and remote work era

Immigration experts encourage employers to stay informed about regional movements of employees holding H-1B visas.

By Ryan Golden • June 10, 2022

DOL requests employer input on independent contractor rule

The department may aim to roll back a Trump-era rule that loosened classification requirements.

By Kate Tornone • June 8, 2022

EEOC to make virtual mediation a permanent option

A study found participants viewed the program as "highly effective, fair and neutral," EEOC said.

By Emilie Shumway • June 7, 2022

EEOC: Alleged missteps in responding to sexual assault cost employer $175K

According to the agency, a Michigan employer also subjected the worker to a supervisor's sexual advances and retaliated against her for complaining.

By Laurel Kalser • June 6, 2022

Suit: DOL overstepped its authority in warning against cryptocurrency in 401(k)s

Defined contribution plans governed by ERISA shouldn’t be subject to the agency's "arbitrary whims," the complaint argued.

By Kate Tornone • June 3, 2022

The OFCCP's audit list is out. HR should prepare for changes.

Four hundred federal contractors have been selected for the OFCCP's 2022 bias audits. They face new procedures announced in March.

By Laurel Kalser • June 2, 2022

8th Cir.: Difficult, time-consuming ADA reassignment request wasn't reasonable

Reassignment has proven a contentious topic in employment law circles; a 2021 ruling by the 4th Circuit called reassignment "last among equals" as an accommodation.

By Ryan Golden • June 2, 2022

DOL walks care industry employers through tricky wage and hour issues

Knowledge of hours worked and thorough recordkeeping can be an employer's "best friends," said the Wage and Hour Division's Brenda Hernandez.

By Ryan Golden • June 2, 2022

Nursing care chain settles alleged break time, bonus pay violations for $2.9M

The Department of Labor has been aggressive about pursuing suspected overtime violations, and its investigations have led to hefty fines.

By Laurel Kalser • June 1, 2022

Meat producers agree to infectious disease plan in OSHA settlement

The workplace safety agency also fined the meat processing company $14,502 after finding facilities in Colorado and Wisconsin did not do enough to protect workers.

By Christopher Doering • June 1, 2022

Waters and Brown urge SEC to disclose demographic data to investors

"To be effective, disclosures should include corporate board, executive leadership and workforce diversity data," the congresswoman and senator wrote.

By Emilie Shumway • May 31, 2022

Business associations back lawsuit challenging DOL's 80/20 rule

The contentious policy has been scrapped and resurrected repeatedly over the years, as business operators clash with regulators on tip calculation.

By Emilie Shumway • May 31, 2022

Are workers with visual and hearing disabilities included in your office reopening plan?

Video conferencing and other technologies form an important part of return-to-office strategies, but they may not always be accessible for all applicants or employees.

By Ryan Golden • May 31, 2022

FMLA allows leave for mental health treatment, DOL reminds employers

In acknowledgment of Mental Health Awareness Month, the agency released new guidance to help workers and employers navigate FMLA use and mental health.

By Emilie Shumway • May 27, 2022

DOL urges employers to prioritize safety for young, summer hires

FLSA regulations prohibit employers from allowing young workers to perform certain tasks and work certain hours.

By Kate Tornone • May 26, 2022

AT&T manager's refusal to promote 'tenured' employees didn't prove age bias

The case came down, in part, to the semantics of "tenured."

By Laurel Kalser • May 25, 2022

Subway shop's $30K settlement highlights duty to accommodate autism

The EEOC alleged the franchisee failed to provide requested accommodations for a new hire with autism and then fired him after four shifts.

By Laurel Kalser • May 24, 2022

Supreme Court rejects arbitration waiver rules in Taco Bell franchisee overtime suit

But Associate Justice Elena Kagan made clear that the high court only answered some of the questions raised in the case of an arbitration dispute.

By Ryan Golden • May 23, 2022

How health information privacy laws apply when reopening the workplace

Employers "may not have done the most careful job" of collecting and storing COVID-19-related health information, one attorney told HR Dive.

By Ryan Golden • May 23, 2022

3rd Cir.: DuPont correctly suspected FMLA abuse, didn't retaliate in firing employee

DuPont discovered behavior inconsistent with the employee's leave upon surveillance, the 3rd Circuit said.

By Laurel Kalser • May 19, 2022

5 timekeeping tips from a former WHD administrator

Employers can't eliminate the risk of litigation surrounding timekeeping, but they can minimize it with a few steps.

By Katie Clarey • May 19, 2022