'You're kind of getting up there in years'; 6th Cir. revives age-based firing claim

The statement — made in response to the plaintiff asking why he was being fired — was direct evidence of discrimination, the court said.

By Lisa Burden • Sept. 10, 2020

Prof's complaint to college's accrediting body wasn't protected activity, 5th Cir. says

The court also noted that the 10-month gap between the filing of the defamation lawsuit and Aguillard's protected activity was too long to support a retaliation claim.

By Lisa Burden • Sept. 10, 2020

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

One Kings Lane workers allege furloughs were based on pregnancy

Among other things, the plaintiffs pointed to comments about "work-life balance" as evidence of the alleged discrimination.

By Lisa Burden • Sept. 9, 2020

6th Circuit reverses ex-Ford engineer's $15M jury verdict

The court said there was "insufficient evidence" of a hostile work environment and retaliatory conduct toward the former employee.

By Ryan Golden • Sept. 9, 2020

Judge blocks DOL's 'vertical' joint employment rule

The court said the regulation, which addressed situations involving staffing companies and subcontractors, was inconsistent with the FLSA.

By Kate Tornone • Sept. 9, 2020

Court revives Facebook employee's suit based on supervisor's racist comments

The 4th Circuit pointed out that the decision not to promote the plaintiff was made by a supervisor who was fired for using racial slurs when talking about Black employees.

By Lisa Burden • Sept. 8, 2020

Subway, Pepsi-Cola Bottling NY among employers that self-reported wage violations to DOL

In total, documents obtained by HR Dive show that PAID program participants paid more than $4 million in back wages through Sept. 19, 2019.

By Ryan Golden , Kate Tornone • Sept. 4, 2020

Wells Fargo to make 580 job offers to settle DOL discrimination claims

The employer also agreed to pay $7.8 million to resolve OFCCP's charges.

By Lisa Burden • Sept. 3, 2020

DOL comments on reimbursement methods for delivery drivers' personal vehicle use

Though the recent batch of letters provided some helpful clarifications, there are some limits to employers' ability to rely on them as a legal defense.

By Ryan Golden • Sept. 3, 2020

University fired married, female coaches for performance issues, not bias, 3rd Cir. rules

The school found the coaches' behavior toward players to be "unprofessional," a district court said.

By Lisa Burden • Sept. 2, 2020

DOL clarifies FLSA pay requirements for remote employees

Under federal law, employers must pay for all hours worked that they either know about or have reason to believe were performed.

By Ryan Golden • Sept. 2, 2020

Employee able to work without ADA accommodation may still be owed one, 1st Cir. says

The district court incorrectly instructed a jury that employees are only entitled to accommodations if necessary for the job, the appeals court said.

By Lisa Burden • Sept. 1, 2020

Court rejects employer's argument that candidate was a bad 'fit'

Employers must offer a sufficiently clear, nondiscriminatory reason for adverse employment actions, the court explained.

By Lisa Burden • Aug. 31, 2020

5 ways remote work complicated compliance in 2020

From monitoring employee productivity to upholding federal anti-discrimination laws, HR had to meet new compliance challenges.

By Sheryl Estrada • Aug. 31, 2020

DOL: No FFCRA leave for families choosing remote learning

The guidance accompanies two further updates about parents' eligibility for FFCRA leave as schools grapple with the coronavirus crisis.

By Katie Clarey • Aug. 31, 2020

How businesses can reopen in compliance with the ADA

Employers don't have to choose between public health and employment law guidelines as workers return, writes Davis Malm's Emily P. Crowley.

By Emily P. Crowley • Aug. 28, 2020

Former Bloomberg reporter alleges discrimination in lawsuit

The plaintiff claims she resigned from the company due to its discriminatory practices that left her feeling like a "diversity pawn."

By Aman Kidwai • Aug. 28, 2020

Sex, lies and the C-suite: How McDonald's clawback battle highlights need for strong misconduct policies

Corporate ethics experts feel the chain isn't doing enough to establish a zero-tolerance policy following news of ex-CEO Steve Easterbrook's inappropriate relationships with female employees.

By Emma Liem Beckett • Aug. 27, 2020

Electrical company to pay $1.25M to settle EEOC claims of harassment at Apple worksite

"All employers have a duty to take prompt, effective action to stop harassment and hate speech in the workplace," EEOC San Francisco District Director William Tamayo said in the statement announcing the settlement.

By Lisa Burden • Aug. 27, 2020

'Employers should make certain they understand' where state and federal leave laws collide

The New Jersey Division on Civil Rights announced it will pursue the discrimination claims of a former marketing director who was told she had to use federal and state leave concurrently.

By Lisa Burden • Aug. 26, 2020

5th Cir.: No retaliation in Walmart's firing of worker who reported sex harassment

The case is a reminder that workers alleging unlawful retaliation must meet Title VII’s "but-for" causation standard.

By Ryan Golden • Updated Aug. 31, 2020

Hawaii doctor can't claim Title VII protections because he's an independent contractor, 9th Cir. says

The agency that enforces Title VII looks at a lengthy list of factors to determine worker status, including the employer's right to control when and where work is done.

By Lisa Burden • Aug. 26, 2020

State COVID-19 training laws create additional reopening challenge

At least 16 states have adopted some form of training mandate, but employers may find keeping up with the laws overwhelming, sources told HR Dive.

By Ryan Golden • Aug. 25, 2020

3 workplace COVID-19 trends that are likely here to stay

The post-pandemic landscape may be a very different one, especially with respect to leave and accommodations, speakers told DMEC conference attendees.

By Kate Tornone • Aug. 25, 2020

Vox Media settles misclassification claims for $4M

The plaintiffs, writers and site managers for Vox's SB Nation, alleged they were denied minimum wages, overtime pay and other benefits.

By Lisa Burden • Aug. 25, 2020