Employers face ‘new era’ of drug testing in post-pandemic landscape

Of particular interest is pre-employment drug screening for marijuana use, which is subject to an ever-changing list of state and local laws.

By Ryan Golden • Sept. 22, 2022

Employee fired 1 day after complaining to HR about discrimination, EEOC says

When discipline follows protected activity, HR may need to exercise caution.

By Laurel Kalser • Sept. 21, 2022

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

Austin restaurant operator pays $230K after requiring workers to share tips with managers

"Tips are the property of tipped employees who earn them, plain and simple,” a DOL representative said.

By Kate Tornone • Sept. 21, 2022

Worker didn’t show employer wrongdoing to justify missed EEOC deadline, court says

The clock starts when the charging party has “unequivocal notice of the adverse action” and that a discriminatory act has occurred, the 11th Circuit explained.

By Laurel Kalser • Sept. 20, 2022

Lowe’s settles EEOC sex discrimination charge for $700K

According to the complaint, management at an Arizona store allegedly allowed a male worker to make “notorious, open, and frequent” sexual comments toward female employees.

By Emilie Shumway • Sept. 20, 2022

Pharmacist wins $134,000 jury award in ADA service dog case

The hospital claimed to have concerns about sterility in the pharmacy, but didn’t maintain the area as a sterile environment, according to the complaint.

By Emilie Shumway • Sept. 19, 2022

FTC statement puts gig economy platforms on notice

The commission will use the “full portfolio of laws it enforces” to address unlawful practices by gig companies, it said Thursday.

By Ryan Golden • Sept. 19, 2022

Mailbag: How should we approach D&I across states with different political climates?

Florida’s Stop WOKE Act has some D&I practitioners on edge, but ditching such programs entirely may not be the right approach, Emily Chase-Sosnoff, attorney at FordHarrison, told HR Dive.

By Emilie Shumway • Sept. 19, 2022

3rd Cir. holds potential participants in class-action suits are protected from retaliation under FLSA

The decision is a “really interesting and potentially troubling” one for employers, Jeff Ruzal, partner at Epstein Becker Green, told HR Dive.

By Emilie Shumway • Sept. 16, 2022

Judge: ACA’s anti-HIV drug coverage mandate violated employer’s religious freedom

The decision comes just two years after the U.S. Supreme Court’s decision to uphold regs allowing employers to opt out of the ACA’s contraceptive mandate.

By Ryan Golden • Sept. 16, 2022

Feds issue employer toolkit to ensure workers’ rights are ‘freely exercised’

The toolkit is being rolled out amid aggressive efforts by the Biden administration to strengthen workers’ ability to organize.

By Laurel Kalser • Sept. 15, 2022

Employment nonprofit settles race discrimination, retaliation claim with EEOC for $100,000

Skils’kin tolerated racial harassment and retaliated against a worker who complained, the EEOC alleged.

By Emilie Shumway • Sept. 14, 2022

Lawsuit seeks ouster of Seattle Pacific trustees, interim president over anti-LGBTQ hiring policy

Leaders breach fiduciary duty with a policy that violates Washington law, plaintiffs allege in another case involving a religious college and LGBTQ rights.

By Rick Seltzer • Sept. 13, 2022

EEOC: Care facility allegedly let residents racially abuse staff

Even if the harasser isn’t an employee, employers can be held liable for allowing the offender to unlawfully harass staff, EEOC guidance states.

By Laurel Kalser • Sept. 13, 2022

Advocates urge EEOC to aid immigrant workers of color

Some of the most vulnerable workers are unaware of their rights or of the commission’s very existence, witnesses said Monday.

By Ryan Golden • Sept. 13, 2022

What 3 COVID-19-related ADA cases say about EEOC’s compliance priorities

Speakers from Jackson Lewis P.C. weighed in at the Disability Management Employer Coalition’s annual conference Aug. 31.

By Emilie Shumway • Sept. 12, 2022

Wells Fargo to pay $145M to settle Labor probe into 401(k) plan

The plan paid between $1,033 and $1,090 per share for Wells Fargo preferred stock that had a set value of $1,000, the DOL found.

By Dan Ennis • Sept. 12, 2022

Compliance is tricky for any industry. It’s even worse in cannabis.

Cannabis jobs have seen about a 27% increase each year since 2017, per Leafly. How are HR professionals rising to the occasion?

By Caroline Colvin • Sept. 9, 2022

3rd Cir.: Bayer VP couldn’t show retaliation for standing up for pregnant employee

While the exec lost her job after expressing concern about the treatment of a colleague, she failed to show a causal relationship between the two, the court determined. 

By Emilie Shumway • Sept. 8, 2022

EEOC: Bojangles transferred employee for alleging sexual harassment

Effective reporting procedures for sexual harassment are necessary for Title VII compliance, the agency said in announcing a lawsuit.

By Kate Tornone • Sept. 8, 2022

Reassignment to a new manager isn’t a disability accommodation, 11th Cir. confirms

The plaintiff said she developed depression and anxiety related to her allegedly hostile supervisor.

By Laurel Kalser • Sept. 7, 2022

NLRB extends comment period for joint employer rule

The regulation proposes a return to a broader definition of joint employment.

By Emilie Shumway • Updated Oct. 19, 2022

DOL: Business owner illegally used ERISA-covered plan to invest in spouse’s troubled bank

The owner of a New Jersey design firm and her spouse allegedly lost more than $17 million in assets belonging to an employee profit-sharing plan after they invested the bulk of the assets in the spouse’s struggling bank.

By Laurel Kalser • Sept. 6, 2022

11th Cir. revives Burger King workers’ suit over no-poach agreements

The case touches on an area of employment law that has garnered strong attention from regulators in recent years.

By Ryan Golden • Sept. 1, 2022

Home-care employer will pay $293K for alleged intentional misclassification

As the U.S. population ages and the need for care services explodes, providers may struggle to recruit and retain workers — an issue tied to persistent FLSA violations, DOL said.

By Laurel Kalser • Sept. 1, 2022