Compliance: Page 22
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Research center refused to hire Asian applicants as COVID-19 contact tracers, DOL alleges
An OFCCP evaluation found that the organization discriminated against more than 100 Asian job applicants, DOL said.
By Ryan Golden • Oct. 4, 2023 -
Under Democratic control, EEOC makes ‘roaring return’ to high levels of litigation
The agency more than doubled its discrimination lawsuits in fiscal year 2023.
By Ginger Christ • Oct. 3, 2023 -
EEOC proposes harassment guidance covering misgendering, remote work
The enforcement document is more than half a decade in the making.
By Ryan Golden • Oct. 2, 2023 -
Wingstop franchisee in California cited $3M for labor violations
The owner created separate corporate entities for his restaurants, depriving employees of a higher minimum wage, overtime pay and meal break premiums, the state alleged.
By Emilie Shumway • Oct. 2, 2023 -
Appeals court says Hyatt wrongfully delayed paying out vacation time in COVID-19-driven layoffs
In making the decision, the court had to turn to California labor documentation from over 20 years ago.
By Ginger Christ • Oct. 2, 2023 -
Tyson, Hormel face class action over worker compensation
Executives allegedly held secret meetings and “off-the-books” dinners to discuss worker pay rates, supporting a “plausible inference” of a conspiracy to suppress wages.
By Nathan Owens • Oct. 2, 2023 -
Judge rejects employer’s argument that DOL’s FLSA salary test is illegal
An Austin, Texas, restaurant operator claimed the agency lacked statutory authority to set a minimum salary threshold for executive, administrative and professional employees.
By Ryan Golden • Sept. 29, 2023 -
EEOC alleges Chipotle supervisor pulled on, removed Muslim worker’s hijab
The case may point to the need for anti-harassment training for managers.
By Emilie Shumway • Sept. 29, 2023 -
Racial slurs ‘casual and normal’ at Tesla factory, EEOC says
In a discrimination and retaliation lawsuit, the agency alleged a pervasive pattern of racism against Black employees at the carmaker’s plant in Fremont.
By Kalena Thomhave • Sept. 29, 2023 -
Waste Pro, GFL face EEOC lawsuits over race and sex discrimination complaints
EEOC says female applicants were systematically denied truck driver jobs at GFL’s Waste Industries and Trans Waste locations. Separately, the agency says Waste Pro failed to intervene when a Black worker faced racial slurs.
By Megan Quinn • Sept. 28, 2023 -
Black employees say working at TikTok was ‘an absolute nightmare’
One of the workers alleged the app’s parent company, ByteDance, retaliated against her after she complained of unfair treatment and derogatory name-calling by a supervisor.
By Ginger Christ • Sept. 26, 2023 -
NLRB dings Starbucks for cracking down on union T-shirts
Employees also were illegally barred from writing customer-provided, pro-union monikers on cups, among other violations, NLRB found.
By Emilie Shumway • Sept. 26, 2023 -
Tyson, Perdue under investigation following reports of child labor at slaughterhouses
The poultry companies face a federal probe after a New York Times Magazine article detailed a 14-year-old being maimed by equipment at a Virginia plant.
By Chris Casey • Sept. 26, 2023 -
Labeling workers independent contractors doesn’t make it so, 5th Cir. warns
A business was subject to Title VII because its nearly 50 caregivers were employees, not independent contractors, the court held.
By Laurel Kalser • Sept. 25, 2023 -
EEOC sets its enforcement sights on AI, bias against vulnerable workers
The commission placed the elimination of barriers in employers’ recruitment and hiring practices at the top of its subject matter priorities.
By Ryan Golden • Sept. 25, 2023 -
Federal workplace pregnancy protections pose new questions for HR
Employers should be aware of how the Pregnant Workers Fairness Act intersects with the Americans with Disabilities Act, speakers said in a virtual event Wednesday.
By Ryan Golden • Sept. 25, 2023 -
HR pros say IBM fired them due to their age, planned to replace them with AI
The lawsuit represents the latest in a series of age discrimination claims against IBM stretching several years.
By Ryan Golden • Sept. 22, 2023 -
EEOC: Appliance store denied accommodation to, terminated employee with long COVID
Notably, EEOC’s pursuit of the case shows the agency is willing to consider long COVID disability cases from early in the pandemic — before the condition was apparent.
By Emilie Shumway • Sept. 22, 2023 -
UPS driver asks SCOTUS to take up ADA reasonable accommodation question
The 4th Circuit broke with the high court’s precedent by conflating equipment modification with a change in essential job functions, the employee said.
By Ryan Golden • Sept. 21, 2023 -
Progressive Insurance must face trial in trans discrimination case
The former employee alleged he was subject to repeated misgendering, passed over for a promotion and subjected to an unwanted transfer.
By Emilie Shumway • Sept. 21, 2023 -
EEOC: Trucking companies allowed harassment of mechanics over sexuality
After the mechanics reported the harassment, the shop manager allegedly threatened to fire anyone who complained to HR, EEOC said.
By Ginger Christ • Sept. 20, 2023 -
Boston Market pays $630K in back wages, lifting stop-work order
The New Jersey Department of Labor gave the green light for Boston Market to reopen 27 locations, but it’s unclear how many have done so.
By Aneurin Canham-Clyne • Sept. 18, 2023 -
DHS proposal would block labor law violators from H-2A, H-2B visa programs
The rule would grant temporary nonimmigrant workers whistleblower protections and extend “grace periods” for workers whose petitions have expired or been revoked.
By Ryan Golden • Sept. 18, 2023 -
California set to require workplace violence prevention plans
Senate Bill 553 would require most businesses to maintain logs on violent incidents.
By Ginger Christ • Sept. 18, 2023 -
Opinion
As HR meets AI, 4 steps to avoid legal headaches
The threat of legal action relating to AI will only increase from here, according to employment attorneys at Parker Poe.
By Tory Summey and Jeremy Locklear • Sept. 15, 2023