How to mitigate crossover risks between workers' comp and employer liability

In California, especially, one claim can lead to a snowball effect, according to Corinne Spencer and Antwoin Wall of Pearlman, Brown & Wax.

By Corinne Spencer and Antwoin Wall • March 9, 2022

1st Cir. revives Wayfair retaliation claim, despite lack of actionable harassment

The appeals court overturned a lower court's ruling that the worker resigned, finding she may have been fired because of her complaint.

By Katie Clarey • March 9, 2022

2 Waste Management workers allege 'racially hostile' work environment at Kansas facility

The plaintiffs described being subjected to racially derogatory language and videos — and an unresponsive HR department.

By Emilie Shumway • March 8, 2022

EEOC: Job satisfaction tied to fewer age bias claims in federal agencies

The commission's report found that federal employers saw 8% to 9% more age-related complaints than their private-sector counterparts.

By Katie Clarey • March 7, 2022

EEOC commissioner says feds should reinstate 'liability shield' opinion letters

Debate over the value of opinion letters — and which parties truly benefit from them — has become one of the more noticeable political divides among federal regulators.

By Ryan Golden • March 7, 2022

4th Cir. reinstates $1M arbitration award thrown out by lower court

It’s a "herculean task" to convince a federal court to vacate an arbitral award, the court noted.

By Katie Clarey • March 3, 2022

Tesla runs a 'racially segregated workplace,' California claims in suit

The allegations center on the makeup of Tesla's workforce, which features many Black workers on its factory floors and none in its executive suites.

By Katie Clarey • March 2, 2022

CDC adopts new masking guidelines. What does that mean for employers?

This shift "will result in most Americans no longer being advised to wear masks in indoor public settings," according to one law firm.

By Kathryn Moody • March 1, 2022

Can DEI policies clash with anti-discrimination laws?

HR Dive spoke with an employment law expert and a DEI strategist to learn how employers can pursue diversity, equity and inclusion without infringing on established anti-discrimination laws.

By Katie Clarey • March 1, 2022

DOL penalizes farm that allegedly threatened to send H-2A workers 'back to Mexico'

"The outcome of this investigation sends a strong message to other employers that the Wage and Hour Division will not tolerate abuses of the H-2A program," a DOL director said.

By Katie Clarey • March 1, 2022

A comprehensive audit is crucial for wage and hour compliance

When wage and hour violations are alleged, employers become exposed to severe financial consequences, writes Neil Eddington, associate at Michelman & Robinson, LLP.

By Neil Eddington • March 1, 2022

Feds lay out plan to collaborate on 'intersecting' workplace violations

Joint investigations are a possibility, and agencies may advise workers to file complaints with other agencies, leaders at DOL, EEOC and NLRB said.

By Ryan Golden • March 1, 2022

DOL, ASA website brings best practices to employ workers with disabilities

The website's launch marks the latest joint effort from the American Staffing Association and the Office of Disability Employment Policy.

By Katie Clarey • Feb. 28, 2022

Critical observation skills improve workplace safety

Critical observation is one of the most important soft skills, and it can augment safety procedures.

Feb. 28, 2022

FMLA leave not always a straightforward 12 weeks, DOL advisor explains

Variables like holidays and overtime may affect workers' leave entitlements, sources said.

By Kate Tornone • Feb. 25, 2022

ADA may require additional leave following FMLA exhaustion, EEOC reminds employers

"Policies that lead to the automatic termination of employees immediately upon the expiration of FMLA leave conflict with the ADA," EEOC regional attorney Marsha Rucker said in announcing a settlement.

By Katie Clarey • Feb. 25, 2022

California's $15 minimum wage begins this year. Debate on the next increase has already begun.

Advocates say the change is needed to keep up with living costs, but one management-side attorney said municipal governments may struggle to adapt.

By Ryan Golden • Feb. 24, 2022

Mailbag: Is rounding ever OK in timekeeping?

Employers most commonly round work time to the nearest quarter of an hour, as the practice makes processing easier for payroll administrators.

By Katie Clarey • Feb. 23, 2022

Study: Oregon's predictive scheduling law grew wages, reduced turnover

Though Oregon is the only jurisdiction to adopt a state-wide law requiring some form of predictive scheduling, the concept has spread to cities in other states.

By Ryan Golden • Feb. 23, 2022

After the #MeToo bill, is the future of mandatory arbitration in question?

Congress recently passed a law banning mandatory arbitration in cases of sexual assault and sexual harassment, rendering the future of the controversial practice unclear.

By Emilie Shumway • Feb. 22, 2022

1 of 4 workplace deaths in New York are on a construction site

New York remains the most deadly state for construction workers.

By Zachary Phillips • Feb. 18, 2022

IBM exec referred to older workers as 'dinobabies,' suit says

A court filing in an age discrimination suit revealed "incriminating animus" against older workers, the suit argues.

By Katie Clarey • Feb. 18, 2022

Nurse's firing stemmed from poor bedside manner, not bias, 5th Cir. says

The employee allegedly was forceful with a patient who harassed her, but inappropriate sexual conduct by patients is unfortunately common in healthcare facilities, the appeals court said.

By Katie Clarey • Feb. 17, 2022

A quick, 4-step guide to a successful pay equity audit

Employers need to have the right mindset if they want to attempt an audit, and will want to consider involving counsel early on, Epstein Becker Green's Robert O'Hara said.

By Ryan Golden • Feb. 17, 2022

DOL plans 'vigorous' enforcement of FLSA, FMLA in supply chain industry

The initiative is aligned with a broader push for wage and hour enforcement at the agency.

By Emilie Shumway • Feb. 16, 2022