Bark If You’re Dirty, a pet store with locations in Phoenix and Scottsdale, Arizona, has agreed to pay $340,000 and provide additional relief to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of several female employees. Suit: Women Faced ‘Constant Sexual Harassment’ The EEOC’s lawsuit alleged that a […]
OSHA has proposed more than $1 million in penalties against a Chicago countertop manufacturer that allegedly did not do enough to protect its workers from the danger presented by silica dust. The agency zeroed in on Florenza Marble & Granite for an inspection after learning that a 31-year-old employee there was in need of a […]
California’s Division of Occupational Safety and Health (Cal/OSHA) has cited nine employers for silica health and safety violations in the greater Los Angeles area. Cal/OSHA has ramped up enforcement efforts to address the growing number of silicosis cases among stone workers, according to an agency press release. What is Silica and Why Is It Harmful? […]
Under the Family and Medical Leave Act (FMLA), a “key employee” exception applies in some cases. Understanding when to employ this rarely used exception can help you reinforce the idea that HR can be a strategic business partner and deserves a seat at the table. Let’s take a deep dive into the FMLA. The ‘key […]
The EEOC announced that an employer it targeted in a race bias suit will pay $1.25 million and take other significant steps to end the litigation. The defendant in the race bias suit was Asphalt Paving Systems, Inc., which is an asphalt paving company that has offices in Florida, New Jersey, Pennsylvania, Georgia and Tennessee. […]
If your company requires employees to work mandatory overtime, it’s important to factor those extra hours into your calculations when determining employees’ FMLA entitlement. Failing to do so can be an expensive mistake, as an Eighth Circuit decision shows. That’s one of the key takeaways from Hernandez v. Bridgestone Americas Tire Operations. Mandatory overtime Some […]
A contractor was not legally responsible for the death of a laborer who fell to his death while working for a subcontractor, a New Jersey appeals court decided. In April of 2020, Willams Savaria was helping to provide maintenance services on a U.S. Naval vessel. Savara was working as a laborer/painter for 5 Seasons LSB […]
Let’s face it: The Family and Medical Leave Act can be daunting for the most seasoned HR pros. So it’s not surprising that managers occasionally get tripped up when the FMLA comes into play. Experts say violations often occur when frontline managers respond too quickly and emotionally to FMLA-triggering situations. The good news is, providing […]
The U.S. Department of Labor (DOL) has ordered a daycare facility to reinstate a fired childcare worker and pay $43,295 in back wages and damages. The employer was also required to pay $5,500 in attorney’s fees. Childcare Worker Shares Concerns With Supervisor, HR An OSHA investigation determined that LSP Operations LLC, operating as Little […]
Among the conditions that may qualify as a “disability” under the Americans with Disabilities Act (ADA) and thus require the provision of job accommodation, an employee’s sensitivity to fragrances is probably not near the top of the list that comes to the mind of most employers. But guess what? Fragrance sensitivity is real – and […]
As we predicted here just a short time ago, a federal court has issued a ruling that blocks the FTC’s non-compete ban from taking effect nationally. A federal district court judge in Texas granted summary judgment against the agency and set aside the rule, finding that the FTC lacked the authority to issue it. The […]
A newly released report indicates a high injury rate for clean energy workers in Texas. The report, which was created and released by the Texas Climate Jobs Project, Cornell University and a movement called Organized Power in Numbers, says one in four survey respondents reported either seeing or experiencing a work-related injury. The study examined […]
A Mississippi poultry processing plant has agreed to pay $164,814 in fines and implement enhanced safety measures after a teen died on the job in 2023. An OSHA investigation determined the 16-year-old employee was pulled into a deboning machine while cleaning it and cited Mar-Jac Poultry MS LLC for several serious violations, including a failure […]
When conducting company layoffs or reorganizations, some employers may face this legally risky situation: denying reinstatement to an employee coming off FMLA leave. As you know, the Family and Medical Leave Act provides 12 weeks of job-protected leave per year to eligible employees for several qualifying conditions. And when the leave is up, employers must […]
A second federal district court has preliminarily enjoined enforcement of the FTC’s pending ban on non-compete agreements, finding that the rule exceeds the agency’s authority. The ruling pushes the scorecard to 2-1 in favor of rulings that block the ban, but it applies only to the plaintiff that brought the suit and does not disturb […]
Question: If a departing employee leaves your company with a negative PTO balance, can you deduct funds from the final paycheck to cover it? A court ruling from Massachusetts provides valuable insight. Exempt Employee Gives Notice Ian O’Donnell was classified as an exempt employee. When he gave his notice to his employer, he had a […]
