Compliance
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Employer’s denial of worker’s monthlong leave request to attend religious retreat not discrimination, court holds
The New York State Unified Court System established that letting a clerk take more than a week’s annual leave for the retreat would have burdened its operations, the court held.
By Laurel Kalser • Oct. 29, 2024 -
Stock photo via Getty Images
10 HR horror stories to make your skin crawl
This Halloween, don’t fumble in the dark on these compliance issues.
By Ginger Christ • Oct. 28, 2024 -
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NLRB can’t order deletion of Musk’s anti-union tweets, 5th Circuit says
The court held that an employer’s speech, even that which presumably violates the NLRA, is protected by the First Amendment.
By Ryan Golden • Oct. 28, 2024 -
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PWFA requires accommodation for stillbirth, EEOC says in now-settled lawsuit
A Florida resort allegedly violated the Pregnancy Workers Fairness Act and the ADA by failing to accommodate a line cook who asked for leave to grieve for her stillborn child.
By Laurel Kalser • Oct. 28, 2024 -
Photo Illustration: Shaun Lucas/Industry Dive; Ryan Golden/HR Dive
Deep DiveEEOC wants to collect pay data again. It might have an easier path to do so.
The agency’s EEO-1 Component 2 data from 2017 and 2018 is the first of its kind, and advocates believe the exercise is worth revisiting.
By Ryan Golden , Julia Himmel • Oct. 25, 2024 -
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HR pro claims company fired her for complaint about boss who mocked her disability
The plaintiff alleged she was let go in retaliation for filing a formal complaint against a manager and requesting accommodations for ADHD.
By Ryan Golden • Oct. 25, 2024 -
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A federal PTO guarantee? New report proposes amending FLSA to make it a reality.
The policy, written by a University of Michigan professor and backed by The Brookings Institution, would allow workers to accrue up to 80 hours of paid time off per year.
By Ryan Golden • Oct. 24, 2024 -
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Hooters’ alleged colorism costs $250,000 in EEOC case
Following the layoff of about 43 employees in the Greensboro, North Carolina, area in response to the COVID-19 pandemic, Hooters allegedly rehired workers who were predominantly White or had lighter skin.
By Caroline Colvin • Oct. 24, 2024 -
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OpinionWhat the Mayfield ruling means for overtime exemptions
To prevent costly consequences, employers must proactively review employee classifications, writes Lee Jacobs, a partner at Barclay Damon.
By Lee Jacobs • Oct. 23, 2024 -
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GFL, Waste Pro to pay millions for settlements of EEOC race and sex discrimination lawsuits
Waste Pro in Florida will pay $1.4 million and subsidiaries of GFL Environmental in Georgia will pay $3.1 million to settle separate lawsuits with the U.S. Equal Employment Opportunity Commission.
By Megan Quinn • Oct. 22, 2024 -
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Pizza Hut franchisee to settle delivery drivers’ FLSA dispute for $4.75M
The drivers alleged their actual payment fell below minimum wage, due to unreimbursed gas costs, vehicle upkeep and more.
By Emilie Shumway • Oct. 22, 2024 -
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DOL employees ordered back to the office, despite union’s resistance
The agency’s largest employee union is “extremely disappointed” in the RTO announcement, its president said.
By Ginger Christ • Oct. 22, 2024 -
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Customer service company TTEC faces lawsuit alleging labor violations
The class-action lawsuit claims that remote customer service agents had to purchase their own equipment without proper compensation, resulting in lost overtime wages.
By Bryan Wassel • Oct. 21, 2024 -
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FTC appeals Texas noncompete ban decision to 5th Circuit
This marks the commission’s second such appeal in as many months.
By Ryan Golden • Oct. 21, 2024 -
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Lack of doctor visits dooms bus driver’s FMLA claim, 3rd Circuit holds
The court said the employee failed to show that his condition — migraines — was a chronic serious one.
By Ryan Golden • Oct. 21, 2024 -
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Court: HR generalist laid off during medical leave has no ADA claim
Credit One Bank provided a legitimate, nondiscriminatory reason when it eliminated the plaintiff’s position, according to the 9th Circuit.
By Ryan Golden • Oct. 18, 2024 -
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OpinionHow HR can avoid algorithmic discrimination when using AI
HR leaders can take proactive steps to establish organizational standards and processes for using AI in hiring, writes Melanie Ronen, partner at Stradley Ronon.
By Melanie Ronen • Oct. 15, 2024 -
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TransUnion settles job applicant’s claim that firm’s background check was bogus
The plaintiff sought a Chick-fil-A delivery driver role, but two false misdemeanor convictions on TransUnion’s report tanked his candidacy, he alleged.
By Ryan Golden • Oct. 14, 2024 -
Retrieved from San Diego Wave on October 14, 2024
San Diego Wave maintained toxic culture, lawsuit alleges
The professional soccer team’s top management failed to properly address complaints and fired or forced workers to resign, according to court documents.
By Laurel Kalser • Oct. 14, 2024 -
(2019). [Photograph]. Retrieved from Wikimedia Commons.
NFL to settle ex-reporter’s race bias lawsuit with donation to scholarship fund
Former NFL Media sports writer Jim Trotter alleged the league retaliated against him after he asked officials about a lack of Black representation in management.
By Ryan Golden • Oct. 11, 2024 -
Kate Tornone/HR Dive
Employer resolves EEOC allegations that it fired pregnant visa holder, sent her to Mexico
Title VII’s discrimination prohibitions apply to all workers regardless of their citizenship or immigration status, the commission has said.
By Ryan Golden • Oct. 11, 2024 -
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Moldy motel rooms, unlicensed drivers: DOL bans Washington labor contractor from H-2A program
Among other violations, Harvest Plus LLC transported H-2A workers in “dilapidated” vehicles without seatbelts.
By Caroline Colvin • Oct. 10, 2024 -
Caroline Colvin/HR Dive
Jury may decide whether SHRM conducted sham bias investigation
The association’s HR department allegedly prepared an employee’s termination paperwork before investigating her retaliation claim. SHRM said it is prepared to “vigorously” defend the lawsuit.
By Kate Tornone • Oct. 10, 2024 -
Column
‘The Silence of the Lambs’ may be decades old, but the FBI allegedly still treats trainees like Clarice
Gender discrimination, particularly at work, is a real-life “American Horror Story.”
By Caroline Colvin • Oct. 9, 2024 -
Brandon Bell via Getty Images
Home Depot named in negligent hiring lawsuit alleging security guard fatally shot customer
Reasonable employment practices should not have led to hiring the security guard and placing him as an armed guard in a high-risk location, the complaint alleged.
By Laurel Kalser • Oct. 8, 2024
