Compliance: Page 65
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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➔
Adeline Kon/HR DiveTrendlineInside 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 -
Retrieved from The White House/YouTube on January 29, 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 -
Opinion
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