Reassignment is 'last among equals' as an accommodation, 4th Cir. rules

Keeping workers in their original positions is a "win-win-win" for employers, employees with disabilities and their colleagues, the court argued.

By Katie Clarey • May 18, 2021

1st Cir.: Job description key in Costco's triumph over ADA claims

A worker could not show that her requested accommodation would enable her to perform the activities her doctor instructed her to avoid.

By Lisa Burden • May 17, 2021

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

CDC relaxes mask guidance, but employers are left waiting on OSHA

"Let's not run off and do anything too drastic, because we will need to wait and see what OSHA says," one attorney told HR Dive.

By Katie Clarey • May 14, 2021

Jury orders Burger King franchisee to pay $2M to worker with trachea tube

The former cashier sued the restaurant for violations of the Americans with Disabilities Act and Florida law after she was fired for her disability.

By Lisa Burden • May 12, 2021

Nike settles unpaid bag check claims for $8.25M

Security checks are a common topic in wage and hour litigation, especially in California.

By Lisa Burden • May 11, 2021

Boeing fires 65 workers for racist, discriminatory conduct

The employees were let go as part of a "zero tolerance approach to behavior that is contrary to the company's values."

By Lisa Burden • May 10, 2021

Chipotle owes workers $150M after violating NYC scheduling law, city says

The fast-casual chain failed to provide workers predictable schedules or advance notice of their hours, the city alleged in a lawsuit.

By Katie Clarey • May 7, 2021

Walmart refused to accommodate deaf applicant, EEOC charges

After inviting the applicant to interview, the company cut off contact when he requested an accommodation, the agency said.

By Emilie Shumway • May 6, 2021

Labor Department withdraws independent contractor rule

DOL had already delayed the rule, which the Trump administration intended to take effect in March.

By Katie Clarey • May 6, 2021

Workers say cannabis manufacturer owes them for donning, doffing time

Employees were required to change into and out of company-issued protective clothing and safety equipment before and after their shifts, according to the lawsuit.

By Lisa Burden • May 6, 2021

DOL rolls out guidance for retirement fund cybersecurity

The guidance includes tips for hiring a service provider, cybersecurity best practices and online security tips.

By Lisa Burden • May 5, 2021

NLRB officer recommends election re-do for Amazon union vote

One aspect of the case involved the installation of a USPS mailbox shortly before the election, according to the union's filed objections.

By Ryan Golden • Updated Aug. 4, 2021

Workers say meat processor caused staff, family coronavirus deaths

Plaintiffs alleged their employer failed to provide PPE and neglected to implement sufficient safety measures to protect workers from COVID-19.

By Lisa Burden • May 3, 2021

One Fair Wage sues Olive Garden parent over tipping policy

The labor group claims Darden's cash wage policy fosters inequity and harassment, which the restaurant denies — claiming its workers earn more than $20 per hour on average.

By Julie Littman • May 3, 2021

Biden calls for 12 weeks' paid family and medical leave

The plan guarantees access to the leave 10 years after the program's installment. 

By Katie Clarey • April 30, 2021

Jury awards $11M to IBM manager fired after reporting discrimination

Some sources have suggested employers embrace complaints, reasoning that such a change may encourage a culture of improvement.

By Lisa Burden • April 28, 2021

Biden mandates $15 minimum wage for federal contractors

The current rate sits at $10.95 after former President Barack Obama raised it via executive order in February 2014.

By Katie Clarey • Updated July 21, 2021

Maggiano's Little Italy settles claims of unpaid pre-shift work

The restaurant was also assessed a civil money penalty of $68,060 because investigators determined the violation was willful.

By Lisa Burden • April 27, 2021

3rd Cir.: Employee failed to explain inconsistency between accommodation request and disability benefits

The court noted that receipt of Social Security disability benefits is not dispositive of whether an individual is qualified for the ADA's protection, but that individuals must provide an explanation.

By Lisa Burden • April 27, 2021

Adopting AI? Examine the algorithm 'early and often,' EEOC official says

Legal experts shared tips for choosing an AI solution at a recent American Bar Association conference.

By Kate Tornone • April 26, 2021

Why — and how — to incentivize employee vaccination

It's time to figure out how to get as many employees vaccinated as possible, write EY health experts.

By Susan Garfield and Yele Aluko • April 26, 2021

Hospital worker was not entitled to telework due to vision impairment, 10th Cir. rules

A trial court determined that the worker's job required her physical presence, and the appeals court affirmed.

By Lisa Burden • April 23, 2021

EEOC to publish vaccine incentive guidance, but will it be 'too late'?

Many employers have already announced such benefits, which range from paid time off to cash awards.

By Kate Tornone • April 23, 2021

Self diagnosis isn't evidence of disability, court says

The plaintiff offered only a doctor's note stating that she was starting a new medication to assist with concentration and productivity.

By Lisa Burden • April 22, 2021

Coronavirus is not a 'get-out-of-jail card' for ADA compliance, EEOC commish says

As the pandemic evolves and the country's response shifts, employers must remember that ADA regs still require individualized assessments.

By Kate Tornone • April 22, 2021