Employment Law

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

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 Robert Freedman • Sept. 23, 2022

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

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

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

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

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

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 Robert Freedman • Aug. 31, 2022

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 Robert Freedman • Aug. 30, 2022

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

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 Robert Freedman • Aug. 25, 2022

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 Robert Freedman • Aug. 24, 2022

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

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

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

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 Robert Freedman • Aug. 11, 2022

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

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

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

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

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

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 Robert Freedman • July 19, 2022

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

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

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 Robert Freedman • July 12, 2022