Volume 22 | December 2023

HR and the Law in the News 

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Before We Begin...


I wish for each of you and yours a warm and wonderful holiday season.


Thank you for reading FiveL's e-news throughout the year.

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Announcing the 2024 Webcast Series!


Discounted annual subscriptions are now open and available!


FiveL Company will again offer two webcast series: one for HR professionals and one for managers / supervisors.

  • Individual subscriptions offer all 11 webcasts for the price of 8.
  • Groups of five (5) or more get an additional 20% discount.
Click here for the itemized agendas & to subscribe!
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EAP: Employee Assistance Program or Employer-Applied Pressure?


I have found EAP's to be a great resource for employees and employers. If you have one, I suspect you have pondered at least once whether your referral of an employee to the EAP should be on a voluntary or mandatory basis.


Here is one story of an employer's mandatory referral that has landed them in hot water.

 Click here for the full story.   
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FLSA Compliance: Classification is Just Step 1


In a recent case, it appears an employer may have done a good job of properly classifying its assistant store managers as non-exempt employees.


But what they may have done (or failed to do) after that has given rise to at least four (4) claims of FLSA violations.

Click here to learn more and for a free DOL resource for further guidance.  
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The ADA and Doggone Accommodations


Have you ever wondered how to balance an employee’s need to bring a service animal into the workplace as a reasonable accommodation under the Americans with Disabilities Act, with a coworker’s fear or allergy? Which need wins?


Here are the highlights from two employers’ stories; one got it right, the other…not-so much, say the courts.

Click here for the half-empty and half-full stories.

How Diversity & Good Intentions Can Go Awry


Imagine a temporary, non-U.S. employee expresses an interest in regular employment and you have a vacancy that you think is a great match.


Must you open that vacancy to all employees in your workforce or can you give this employee preference?

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Click here for the $25M answer to this question.

EEO-1 Filing Deadline is December 5th


If you are a private sector employer with 100 or more employees or a covered government contractor with 50 or more employees, you likely have to file this report (Component 1).


If you have not yet done so, use the link below for the EEOC's instruction booklet, fact sheets, 3 FAQ documents, and more. 

Click here for the EEOC's FREE resources.

NLRB Extends Effective Date of Joint Employer Rule


An employer's liability for an employee's legal charge or claim, like harassment, discrimination, wage and hour violations, EEO-1 filing requirements, etc., often depends upon whether that company is a joint employer with another company.


Examples include when completely separate entities happen to do some work together, like an employer that engages the services of a company offering cleaning, consulting, security, or any number of other services.

Click here to read why the NLRB delayed implementation of the rule. 

UPCOMING PUBLIC EVENTS


No public events in December - kick back, relax, find time for yourselves, family, and friends. Enjoy your holiday season. Then get ready for 2024!


Click here for the 2024 webcast subscription information.
Click here for a full listing of upcoming and archived events!
Click here to order your copy today
In its 2nd Edition!
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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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