Volume 25 /August 2026

HR and the Law in the News

Current News & Upcoming Events

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ALJ Rules Social Media Firing Violates NLRA


We just talked about "Social Media & the Workplace" in the June webcast. Here's another related case. An employer fires an employee who posts on LinkedIn deragatory comments about his employer. After the employer fires him for the posts, including for violating his employment agreement that prohibits such comments, the Administrative Law Judge found the employer violated the NLRA.

Vector stamp with the word  EXPIRED . Perfect for marking expired documents_ contracts_ or offers

Federal Forms & Figures Awaiting Update:

FMLA, Form I-9, OFCCP Self-ID & VEVRAA Benchmark


Can you continue to use the U.S. DOL's expired FMLA forms? Which of the three Form I-9's should you be using? And if you are a covered government contractor, what about the voluntary self-identification of disability form and the benchmark for employing protected veterans?

EEOC Proposes Rule to Rescind EEO Filing Requirements


I have yet to meet an employer that enjoys filing the annual EEO-1 report (or any of the others). Those may be a thing of the past. The EEOC will hold a hearing on August 11th. In the interim, you can submit your comments until August 24th.

U.S. DOL Opinion Letter Clarifies Commute Time for Teleworkers


We know if a non-exenpt employee travels to the first job site, begins work, then travels to a 2nd job site, the latter travel time must be paid. But what if the first job site is the employee's home? Does time spent traveling from home to the office count as time worked if the employee already started working from home?

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Reduction-in-Force Results in AI Discrimination Lawsuit


AI and its workplace implications were the subject of the July webcast. Here's just one story of an employer that used artificial intelligence (AI) to select which 26 employees or 10% of its workforce would be laid off. The result? The employer was hit with a lawsuit claiming the use of AI violated no less than six (6) federal laws and more.

Realistic 3D Illustration of COVID-19 Vaccine. Corona Virus SARS CoV 2_ 2019 nCoV virus destruction.  A vaccin against coronavirus disease 2019. Breakthrough in the Creating of a COVID-19 Vaccine.

Are COVID-19 Vaccines Still a Workplace Issue?


Apparently, the answer is, "Yes." And it's not just in the healthcare industry, but also in technology, manufacturing, and more. Will cyclospora or the measles be the next hot-button issue?

UPCOMING EVENTS is written in white on a black board next to a phone_ notepad_ glasses_ pencils and a green plant.

Upcoming Events


Wednesday, August 26th, "ADA Update 2026: Practical Pitfalls & Proactive Practices." webcast, Noon - 1:15 ET (pre-approved for 1.25 HRCI & SHRM credits) Click here for the program description and to register.

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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