Volume 22 | April 2023

HR and the Law in the News

Registration is now open for FiveL Company's 17th Annual Employment Law, Legislative & Regulatory Update seminar! See Upcoming Events or click here.

A newspaper on a wooden desk - Important announcement

FTC Receives Nearly 21K Comments on Proposed Rule Banning Non-Compete Agreements and Policies


As of this writing, the Federal Trade Commission has received 20,849 comments on its proposed rule. You may have read the story on January 5th, reporting the Federal Trade Commission published a proposed rule that would effectively ban new and existing non-compete agreements. The proposed rule also asked for comments as to how the rule should apply to employers' policies, such as in an Employee Handbook. The proposed rule may also apply to other types of restrictive covenants like non-disclosure agreements.


The deadline for submitting your comments has been extended to April 19, 2023.

 Click here for more detail, links to the rule, and for notice & comment.  
Red whistle with a closed zipper. 3D render illustration isolated on white background

HR Gives the Whistle a Toot Then Gets the Boot


HR professionals walk a fine line. Their duties include advocating for employees' rights, which may concurrently safeguard the employer. But that advocacy is not always well received by the company's leaders.


Such was the case after upper management in one company fired the HR Director after she talked to them about what she perceived to be age discrimination.

Click here to find out how this story ended. 
Fashion portrait of serious woman dressed as a secret agent or spy. Gray background.

When Can You Buy an Employee's Silence?


Last month's newsletter included an article about the National Labor Relations Board's ruling that an employer's non-disparagement and confidentiality clauses in a severance agreement violated the National Labor Relations Act.


On March 22nd, the NLRB's General Counsel issued a memo that supplemented that ruling with a series of FAQ's.

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Workplace Privacy - Whose Business is it Anyway?!


An employer permitted an independent contractor to use her personal email address for business purposes. She accessed her personal email account using the company's desktop computer that was shared by employees. After the company terminated her services, it found some of her personal email messages via the web browser she left open on the shared desktop. Some of the emails were about her plan to leave and take some coworkers with her. When the company and her new employer filed claims of unfair competition against one another, could the company properly use the emails as evidence in its defense?  

Personal privacy in word tag cloud on white background
Click here for the answer.   

Daily Pay Might not be the Way...to FLSA Compliance


Twice in one week, the issue of daily pay rates made the news. The day before the U.S. Supreme Court ruled that the employee who was paid a daily rate and earned over $200,000 should have earned overtime, the U.S. Department of Labor found another employer improperly applied a daily rate of pay.

Click here to read what went wrong, two tips, and DOL's free resources. 

Happy Valentine's Day - Now, Where's My Pay?!

Business concept.Text WAGES writing on notepaper with clock_pen and magnifying glass on white background.

On Valentine’s Day, a class action lawsuit was filed against the Hershey Company. It alleged Hershey failed to pay a group of non-exempt (hourly) employees for all hours worked, as well as overtime. The issue was whether the time employees spent before and after their shift, donning and doffing “sanitary clothing and other protective equipment” was time worked under the Fair Labor Standards Act or FLSA.

Click here to read more with links for more information. 
Equality between man and woman concept with beam scales and sign

Equal Pay Day -

Understanding the Why Behind the What


Equal Pay Day was March 14, 2023. The day was originated by the National Committee on Pay Equity in 1996 "as a public awareness event to illustrate the gap between men's and women's wages...to illustrate how far into the year women must work to earn what men earned in the previous year." Since then, much has been studied and written about the compensation of women as compared to men for equal work.

Click here for some of the latest news and what's on the horizon. 

CFPB Issues New FCRA Notice

On March 17, 2023, the Consumer Protection Financial Bureau announced a final rule that takes effect April 19, 2023.


The rule requires employers to use a revised "Summary of Your Rights Under the Fair Credit Reporting Act."

Click here for more information and a link to download the new form.
Click here for all news stories!

UPCOMING EVENTS



  • Wednesday, April 26th - "HR Metrics and Analytics" 10:00 11:15 a.m. ET (webcast) Pre-approved by SHRM for 1.25 credits and HRCI for 1.25 business credits.





FiveL Company's 17th Annual (web-based)

Employment Law, Legislative & Regulatory Update!


May 19, 2023

8:30 a.m. - 4:00 p.m. ET

Pre-approved by HRCI & SHRM for 6.5 credits.

$99 pp - same price since 2020

Click here for the day's agenda and to register.

Click here for a full listing of upcoming events!
Click here to order your copy today
In its 2nd Edition!
A SHRMStore "Great 8" Best-Seller
8 Years in a Row!
Thank YOU!

This publication does not constitute the rendering of legal advice. Please consult your company's legal counsel for guidance on any matter. 

FiveL Company | info@FiveL.net | www.FiveL.net
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