Supervisor’s failure to coach employee leads court to revive her ADA claim

A former call center employee with severe back pain can take her ADA claim to trial because of questionable circumstances leading to her termination, an appeals court held.

By Laurel Kalser • Aug. 2, 2022

Appeals court sends Browning-Ferris orders back to NLRB

The ruling comes as the agency reportedly prepares new joint employment regulations.

By Kate Tornone • Aug. 1, 2022

Mailbag: How does HR explain expanded benefits to those who miss out?

One consultant's advice? "Don't just single out the hip new thing. Do it across the board."

By Katie Clarey • Aug. 1, 2022

Mailbag: How do emerging leave laws intersect with the FMLA?

Multi-jurisdiction employers may encounter challenges in navigating the ever-changing patchwork of state and local paid leave laws, according to Alexandra Barnett of Alston & Bird.

By Katie Clarey • Aug. 1, 2022

Biden taps ‘logical’ choice — acting WHD head Looman — to lead division

While Jessica Looman’s focus likely will reflect the administration’s priorities, she has not engendered the hostility of the business community as others have, one source told HR Dive.

By Kate Tornone • July 29, 2022

Report supports pay data collection, EEOC says

The EEOC-commissioned study laid out several weaknesses and made a number of recommendations for improvement if the agency decides to collect such data in the future, however.

By Emilie Shumway • July 29, 2022

Lawsuit alleges Honda improperly estimated employee hours following Kronos outage

The employer told HR Dive it is still working to address issues stemming from the December 2021 event.

By Kate Tornone • July 28, 2022

Mailbag: When an employee leaves, must we continue long-term disability?

Attorney Carlton Pilger of Fisher Phillips discusses long-term disability and COBRA.

By Carla Bell • July 28, 2022

Scientist couldn't show NASA failed to hire him due to race, court says

While NASA twice went with White candidates over the plaintiff, who is Black, it demonstrated clear and nonpretextual reasons for doing so, a Maryland district court said.

By Emilie Shumway • July 27, 2022

Jiffy Lube settles no-poach lawsuit for $2M

The plaintiff alleged the company prohibited franchises from hiring each other's workers.

By Kate Tornone • July 27, 2022

5th Cir.: ADA didn't protect employee who sleepwalked into colleague's bed

Even though her actions were caused by a sleeping disorder, an employee was legitimately fired for getting into a colleague’s hotel bed while sleepwalking during a business trip, the court ruled on appeal.

By Laurel Kalser • July 27, 2022

Employee's 'personal belief' that manager was biased isn't enough for race claim, 7th Cir. says

A White firefighter’s speculation that his supervisor favored Black co-workers wasn’t enough to prove he was deprived of lucrative assignments because of his race, a court ruled.

By Laurel Kalser • July 26, 2022

Suit alleges Paycor misclassified more than 100 employees

The putative collective action seeks back pay, interest and damages.

By Kate Tornone • July 25, 2022

Gas station settles claim it failed to protect worker from customer harassment

An employer can be held liable for harassment from those who don’t work for the company, such as a client, vendor or customer.

By Kate Tornone • July 25, 2022

Walmart workers allege company violated Philly workweek law

The city is one of only a handful of jurisdictions to enact a law requiring predictive scheduling in certain sectors.

By Ryan Golden • July 22, 2022

DOL: Union election petitions up 58%

The fire lit by labor organizers in October continues to rage, as the agency highlights unsustainable workloads and a lack of funding.

By Emilie Shumway • July 21, 2022

$1.2K wellness program opt-out surcharge violates ADA, AARP Foundation claims

The announcement comes just months after AARP represented plaintiffs who agreed to a $1.29 million settlement with Yale University over the institution’s wellness program incentive.

By Ryan Golden • July 21, 2022

Employer faces $55K in OSHA fines after diver died retrieving golf balls

The employer was cited for failing to train employees on safe handling of equipment and on life-saving measures, such as CPR.

By Laurel Kalser • July 20, 2022

Judge halts Biden admin LGBTQ guidance, including EEOC document

The aftermath of the injunction brought insight into the partisan divide within EEOC over the issue of Title VII’s LGBTQ protections.

By Ryan Golden • July 19, 2022

2nd Cir. revives worker's retaliation claim after inconsistencies in company's explanation for firing emerge

Different managers produced different reasons for the firing, and the timing — following a complaint to HR — made the circumstances suspect, the 2nd Circuit noted.

By Laurel Kalser • July 18, 2022

Conservative legal group issues early challenge to abortion-access benefit

In an investigation request submitted to the EEOC, America First Legal charged that abortion-access benefits discriminate against pregnant women who do not seek abortions.

By Emilie Shumway • July 18, 2022

Antitrust is an HR concern, says Proskauer attorney

Enforcement agencies and plaintiffs remained focused on restrictive covenants, said Proskauer partner and antitrust group co-chair Colin Kass.

By Carla Bell • July 18, 2022

Blocked aisles may cost Dollar General store $136K in OSHA fines

For the second time since 2021, a Pennsylvania Dollar General store faces penalties for blocked aisles and exit routes, this time exceeding $100K, according to an OSHA release.

By Laurel Kalser • July 15, 2022

DOL wants to know: Is long COVID-19 creating workforce challenges?

The agency’s “virtual crowdsourcing event” will be open to stakeholders for a period of 30 days, an official told HR Dive.

By Ryan Golden • July 15, 2022

Employers must now justify COVID-19 testing, EEOC says

Previously, the agency said the ADA always permitted employer worksite coronavirus testing.

By Kate Tornone • July 14, 2022