Compliance: Page 56


  • A letter containing a COVID-19 layoff notice is opened against a backdrop of U.S. dollar bills.
    Image attribution tooltip
    Kameleon007 via Getty Images
    Image attribution tooltip

    5th Cir.: COVID-19 not a natural disaster for purposes of WARN Act

    Previously, compliance experts told HR Dive about the potential for litigation in response to pandemic-related furloughs and hours reductions.

    By June 27, 2022
  • California state flag and state capitol building in Sacramento
    Image attribution tooltip
    DustyPixel via Getty Images
    Image attribution tooltip

    What could a 32-hour workweek mean for California employers?

    While the state’s bill is stalled, the effort demonstrates a shift toward flexibility at work.

    By June 23, 2022
  • A gloved hand holds a drug testing kit
    Image attribution tooltip

    Photo by Curtis Adams from Pexels

    Image attribution tooltip

    New hires need not be paid for time related to drug screening, 9th Cir. says

    Under California law, employers don’t have to reimburse new hires for travel expenses or pay for their time taking a mandatory pre-employment drug test.

    By Laurel Kalser • June 21, 2022
  • Picture of LGBTQ pride flags
    Image attribution tooltip
    nito100 via Getty Images
    Image attribution tooltip

    Clash between LGBTQ, religious rights may require focus on accommodation

    This issue is coming to employers if it has not already arrived, attorney Kelly Dobbs Bunting said during a SHRM22 presentation.

    By June 16, 2022
  • A group of employees enjoy coffee and take selfies
    Image attribution tooltip

    Photo by RODNAE Productions from Pexels

    Image attribution tooltip

    Life's looking up for US employees, but job engagement needs work

    U.S. and Canadian employees feel much better about the future than their counterparts across the world, but employers need to do more to get them engaged with work, according to Gallup.

    By Laurel Kalser • June 16, 2022
  • graphic image of a mailbox
    Image attribution tooltip
    Brian Tucker/HR Dive
    Image attribution tooltip

    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 June 16, 2022
  • Promotional decor at the SHRM 22 conference in New Orleans, Louisiana in June 2022.
    Image attribution tooltip
    Emilie Shumway/HR Dive
    Image attribution tooltip

    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 June 15, 2022
  • Judge’s gavel, Themis sculpture and collection of legal books on the brown background.
    Image attribution tooltip
    Zolnierek via Getty Images
    Image attribution tooltip

    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
  • Image attribution tooltip
    fizkes via Getty Images
    Image attribution tooltip

    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 June 13, 2022
  • Letter (Envelope) from USCIS on flag of USA background. Close up view.
    Image attribution tooltip
    Evgenia Parajanian via Getty Images
    Image attribution tooltip
    Deep Dive

    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 June 10, 2022
  • DOL's sign stands outside its headquarters.
    Image attribution tooltip
    Thinkstock via Getty Images
    Image attribution tooltip

    DOL requests employer input on independent contractor rule

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

    By June 8, 2022
  • A woman typing.
    Image attribution tooltip
    PeopleImages via Getty Images
    Image attribution tooltip

    EEOC to make virtual mediation a permanent option

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

    By June 7, 2022
  • Three people are having an in-office meeting
    Image attribution tooltip
    Pekic via Getty Images
    Image attribution tooltip

    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
  • Image attribution tooltip
    Alex Wong via Getty Images
    Image attribution tooltip

    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 June 3, 2022
  • Image attribution tooltip
    Retrieved from iStock.
    Image attribution tooltip

    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
  • Judge’s gavel, Themis sculpture and collection of legal books on the brown background.
    Image attribution tooltip
    Zolnierek via Getty Images
    Image attribution tooltip

    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 June 2, 2022
  • Shot of a young male nurse helping an elderly patient stand.
    Image attribution tooltip
    Adene Sanchez via Getty Images
    Image attribution tooltip

    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 June 2, 2022
  • Closeup shot of a young woman holding a senior woman's hands in comfort.
    Image attribution tooltip
    shapecharge via Getty Images
    Image attribution tooltip

    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
  • A JBS meatpacking plant in Greeley, Colorado.
    Image attribution tooltip
    Matthew Stockman/Getty via Getty Images
    Image attribution tooltip

    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
  • Congresswoman Maxine Waters speaks in front of a microphone in a Congressional session.
    Image attribution tooltip
    Zach Gibson via Getty Images
    Image attribution tooltip

    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 May 31, 2022
  • A plastic cup for tips stands on the ledge of a food cart.
    Image attribution tooltip
    kaarsten via Getty Images
    Image attribution tooltip

    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 May 31, 2022
  • A worker with a visual impairment uses a computer with refreshable braille display and braille terminal.
    Image attribution tooltip
    Chansom Pantip via Getty Images
    Image attribution tooltip
    Deep Dive

    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 May 31, 2022
  • A man sits on a couch in a counseling session with a female therapist.
    Image attribution tooltip
    Kobus Louw via Getty Images
    Image attribution tooltip

    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 May 27, 2022
  • A young coffee shop worker entering the order into the a digital display screen.
    Image attribution tooltip
    sturti via Getty Images
    Image attribution tooltip

    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 May 26, 2022
  • AT&T signage
    Image attribution tooltip
    Tim Boyle via Getty Images
    Image attribution tooltip

    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