Employment Law

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    3rd Circuit doesn’t buy employer’s phone search rationale for firing

    An HR professional in the case claimed she fired the plaintiff after discovering text messages on his phone that suggested he was soliciting sex workers.

    By Ryan Golden • Sept. 27, 2022
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    Hailshadow via Getty Images

    D.C. is latest to restrict company non-competes

    Starting Oct. 1, you can’t restrict where Washington-based employees go to work after they leave your employment if they make $150,000 or less, and for those earning above that, you must meet notice requirements.

    By Sept. 23, 2022
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    Caroline Colvin/Legal Dive

    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. 23, 2022
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    Kate Tornone/Legal Dive

    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. 15, 2022
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    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. 8, 2022
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    Mario Tama / Staff via Getty Images

    Starbucks shareholder files suit over diverse hiring

    A conservative think tank claims Starbucks’ diverse hiring practices violate the Civil Rights Act of 1965.

    By Caroline Colvin • Sept. 6, 2022
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    Stock Photo via Getty Images

    California poised to strengthen pay transparency, reporting mandates

    Gov. Gavin Newsom must decide whether to sign the bill into law by Sept. 30.

    By Ryan Golden • Sept. 1, 2022
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    Carol Highsmith. (2005). "The Apex Building" [Photo]. Retrieved from Wikimedia Commons.

    Companies in federal crosshairs over non-competes

    Regulators’ multi-pronged approach to curbing anticompetitive labor practices also includes wage-fixing, anti-poaching pacts and merger impacts on pay levels.

    By Aug. 31, 2022
  • McDonald's Q1 Earnings Up On Higher Menu Prices, Overseas Growth
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    Justin Sullivan / Staff via Getty Images

    California passes first-in-nation wage-setting board for fast-food chains

    Employers would have to set minimum pay based on what the panel decides, although some limits would apply.

    By Aug. 30, 2022
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    Layla Bird via Getty Images

    8 takeaways about mental health and the ADA from an EEOC attorney

    Everyone should be assessed individually, Sharon Rennert, senior attorney advisor to the EEOC, said in an Aug. 17 webinar.

    By Emilie Shumway • Aug. 25, 2022
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    Christopher Furlong via Getty Images

    NLRB, Starbucks differ on ‘direct dealing’ in unionized stores

    The company says it can’t give unionized workers raises outside of collective bargaining, but the National Labor Relations Board says it owes the workers back pay.

    By Aug. 25, 2022
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    Carol Highsmith. (2005). "The Apex Building" [Photo]. Retrieved from Wikimedia Commons.

    Biden putting heat on companies’ treatment of independent contractors

    In the latest move to help workers, two agencies are teaming up to become a more formidable foe of companies using anti-competitive tactics to hold down pay and benefits.

    By Aug. 24, 2022
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    PeopleImages via Getty Images

    How to write a total compensation statement

    Including things like the value of insurance benefits makes sense. Turning over the couch cushions for every single potential cent does not.

    By Jen A. Miller • Aug. 23, 2022
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    Photo illustration by Danielle Ternes/Legal Dive; photograph by spainter_vfx via Getty Images

    ICE seeks permanent remote I-9 document review

    Until recently, ICE required that all employers examine worker identification in person. A temporary pandemic-driven exemption remains in place.

    By Kate Tornone • Aug. 18, 2022
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    Brian Tucker/Legal Dive

    Mailbag: How do you fill out the EEO-1 form for a nonbinary worker?

    “We don’t have to overcomplicate things for the people. We’re trying to amplify their voice,” McLean’s HR lead told HR Dive.

    By Caroline Colvin • Aug. 16, 2022
  • Supreme Court Allows Texas Six Week Abortion Ban To Stand
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    Kevin Dietsch / Staff via Getty Images

    Employment issues will be central when SCOTUS returns in October

    Workplace protections, FLSA are among issues general counsel will want to watch in the U.S. Supreme Court’s next session.

    By Aug. 11, 2022
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    Edward Smith via Getty Images

    LinkedIn Recruiter to introduce ‘Diversity Nudges’

    The feature will offer filter recommendations for recruiters when a given talent pool is unbalanced, LinkedIn said.

    By Kathryn Moody • Aug. 11, 2022
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    Photo by Marcus Aurelius from Pexels

    HR management tops recession-ready skills list

    Amid the looming recession, companies are revving up their search for payroll and benefits professionals, BTG said.

    By Caroline Colvin • Aug. 2, 2022
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    David McNew / Staff via Getty Images

    Jiffy Lube settles no-poach lawsuit for $2M

    The plaintiff alleged the company prohibited franchises from hiring each other's workers.

    By Kate Tornone • July 28, 2022
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    Employee's 'personal belief' that manager was biased isn't enough for race claim, 7th Cir. says

    A White firefighter’s speculation that his supervisor favored Black co-workers wasn’t enough to prove he was deprived of lucrative assignments because of his race, a court ruled.

    By Laurel Kalser • July 26, 2022
  • Shot of an unhappy businesswoman holding her box of belongings after getting fired from her job
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    2nd Cir. revives worker's retaliation claim after inconsistencies in company's explanation for firing emerge

    Different managers produced different reasons for the firing, and the timing — following a complaint to HR — made the circumstances suspect, the 2nd Circuit noted.

    By Laurel Kalser • July 19, 2022
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    Ed Brown. (2005). "Francis Perkins Building" [Photo]. Retrieved from Wikimedia Commons.

    Deadline nears for company filings on health insurance, not just retirement plans

    The Form 5500 submission requirement applies more widely than some legal teams might realize.

    By July 19, 2022
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    Employers must now justify COVID-19 testing, EEOC says

    Previously, the agency said the ADA always permitted employer worksite coronavirus testing.

    By Kate Tornone • July 14, 2022
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    Upheaval at SpaceX: What employers can learn

    Employers need to walk the talk when it comes to hearing out workers, experts said — or else workers may take more public avenues to vent their concerns.

    By Carla Bell • July 12, 2022
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    Employee genetic-info restrictions apply to COVID back-to-office policies

    The Equal Employment Opportunity Commission can penalize your organization if it tries to make return contingent on it verifying infection status of employees or their families.

    By July 12, 2022