Compliance: Page 16
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Chipotle ruling exposes murky future of mandatory arbitration
The 8th Circuit’s ruling that a sexual assault claim must go to court sheds light on how the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has shaken up arbitration law.
By David Weisenfeld • Aug. 26, 2024 -
Kate Tornone/HR Dive
5th Circuit tosses DOL’s tip credit final rule
The department’s “80/20” guidance for dual job workers is inconsistent with the Fair Labor Standards Act, the court held.
By Ryan Golden , Aneurin Canham-Clyne • Aug. 26, 2024 -
Explore the Trendline➔
Adeline Kon/HR Dive
TrendlineInside 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 -
Scott Olson / Staff via Getty Images
DOL is celebrating Labor Rights Week. Here are 7 big cases from summer 2024.
While the agency has pursued a slew of headline-grabbing final rules, these are some individual cases it has also been chipping away at in the background.
By Emilie Shumway • Aug. 26, 2024 -
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ERISA turns 50 soon. Experts say its evolution isn’t over yet.
Originally aimed at securing private pension plans, the 1974 law has expanded to encompass other retirement plans as well as healthcare benefits.
By Ryan Golden • Aug. 26, 2024 -
"1099 14th Street – National Labor Relations Board" by Geraldshields11 is licensed under CC BY-SA 3.0
NLRB decision does away with consent orders
The board’s Democratic majority said Thursday that such agreements are not supported by agency rules and regulations.
By Ryan Golden • Aug. 23, 2024 -
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GFL and EEOC to settle discrimination suit alleging women were barred from truck driver jobs
The waste management company and its subsidiaries in Georgia are expected to finalize a consent decree with the EEOC, effectively ending the case alleging the companies had a pattern of blocking women from driver roles since 2016.
By Megan Quinn • Aug. 23, 2024 -
Ryan Golden/HR Dive
Alternative dispute resolutions are reached more often when offered early in the process, EEOC finds
An analysis of federal employee data showed mediation during the pre-complaint stage was more effective — but also a satisfaction gap between complainants and agency representatives.
By Emilie Shumway • Aug. 22, 2024 -
The image by Renegomezphotography is licensed under CC BY-SA 4.0
Judge strikes down FTC noncompete ban nationwide
The ruling comes just 15 days prior to the ban’s Sept. 4 effective date.
By Ryan Golden • Updated Aug. 21, 2024 -
Ryan Golden/HR Dive
EEOC closes budget shortfall, scraps 1-day furlough plan
Chair Charlotte Burrows said the commission accrued enough savings to avoid the proposed agency-wide furlough.
By Kate Tornone • Aug. 20, 2024 -
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IRS details requirements for matching employee student loan payments
The new guidelines affect plan years that begin after Dec. 31.
By Kate Tornone • Aug. 20, 2024 -
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FTC noncompete ban suffers another blow
The ruling — which applies only to one Florida-based real estate broker — comes just weeks before the ban is slated to take effect.
By Ryan Golden • Aug. 19, 2024 -
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Employer settles GINA claim alleging worker was harassed over ancestry test results
The employee’s supervisor allegedly began using ethnic slurs after the plaintiff shared the results of a DNA test, EEOC said.
By Laurel Kalser • Aug. 18, 2024 -
Photo illustration: Industry Dive; Joe Readle/Getty Images; Brandon Bell/Getty Images
Election 2024Where the 2024 presidential candidates stand on employment issues
From paid family leave to job creation, here is where Donald Trump and Kamala Harris as well as their vice presidential candidates stand on labor issues.
By Caroline Colvin • Aug. 16, 2024 -
Kate Tornone/HR Dive
EEOC nets $400K for employee with cancer allegedly laid off 10 days after taking medical leave
The agency claimed Pilot Air Freight attributed the worker’s termination to his short tenure even though the company retained other employees hired after the plaintiff.
By Ryan Golden • Aug. 16, 2024 -
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Israeli former Intel VP claims he was fired after reporting supervisor’s pro-Hamas posts
The plaintiff, a former soldier in the Israeli army, claimed Intel did “literally nothing” to respond to a complaint about the supervisor filed on his behalf.
By Ryan Golden • Aug. 15, 2024 -
DHS agrees to pay $45M to settle allegations it forced pregnant workers into pay-limited positions
“The settlement includes an agreement by CBP to enact sweeping reforms to policies that will eliminate long-standing discriminatory practices,” counsel for the plaintiffs said.
By Ginger Christ • Aug. 14, 2024 -
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Laundry facility that allegedly refused to hire non-Hispanic workers settles with EEOC for $1.1M
Employers cannot hide behind staffing agencies to carry out discriminatory hiring preferences, an EEOC regional attorney said in a statement.
By Emilie Shumway • Aug. 12, 2024 -
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EPA staffer allergic to co-worker’s ‘heavy perfume’ may proceed with lawsuit
The plaintiff rejected a proposed accommodation to work from home, but a jury must decide whether the agency’s proposal was reasonable, the D.C. Circuit held.
By Ryan Golden • Aug. 12, 2024 -
On-again, off-again relationship didn’t doom employee’s harassment claim, 4th Circuit says
A material issue of fact existed as to when a sales representative last called it quits with a company owner, the court held, leading to reversal of summary judgment for the employer.
By Ryan Golden • Aug. 12, 2024 -
Kate Tornone/HR Dive
Luxe Bar & Grill settles claim it paid servers ‘off the books’ for overtime hours
Low-wage sectors, such as the restaurant and construction industries, have been a big part of recent DOL enforcement.
By Laurel Kalser • Aug. 12, 2024 -
Ryan Golden/HR Dive
‘The customer is not always right’: Staffing firm to settle claim it complied with client requests for men
SmartTalent's managers and recruiters will be held accountable for compliance with new anti-discrimination policies, according to EEOC.
By Carolyn Crist • Aug. 12, 2024 -
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IHOP owner agrees to pay $40K to settle claim it denied worker Sundays off for religious observance
An IHOP general manager allegedly told staff the worker thought it was more important to go to church than to pay bills.
By Ginger Christ • Aug. 9, 2024 -
Kate Tornone/HR Dive
Chevron doctrine’s death leads 5th Circuit to ask: Is DOL’s salary test for overtime eligibility safe?
Judges questioned whether the agency’s consideration of salary exceeds the authority delegated by Congress.
By Ryan Golden • Aug. 9, 2024 -
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Former HR manager’s bias, retaliation claim advances toward jury trial
The employee said she faced retaliation after taking FMLA leave to care for her wife.
By Caroline Colvin • Aug. 8, 2024 -
Alex Wong / Staff via Getty Images
Feds extend Form I-9 expiration date to 2027
Employers must ensure their forms bear the revised expiration date by July 31, 2026.
By Kate Tornone • Aug. 8, 2024
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