Volume 23 | Febrary 2024

HR and the Law in the News

In this edition: Joint Employer & Independent Contractor Rules, Age Discrimination, FLSA Double Damages; Antitrust; & more.

YOU RE INVITED  Computing Computer  Laptop with screen on table


Scroll Down for Upcoming Events and the 2024 HR Webcast Series Subscription Info

Ouch comic shouting balloon. Emotional reaction in pop art style isolated on white background

Court Doubles Down & Orders $1.6M for FLSA Violations



On January 19th, the U.S. Department of Labor (DOL) announced this court’s order resulting from a finding that two business owners engaged in “willful” violations of the Fair Labor Standards Act (FLSA). But wait! There's more!

 Click here to find out what else they had to do beside pay money!    
age discrimination_ newspaper article text

POWADA: It Amends More Than Just Age Discrimination


On December 4, 2023, select members of Congress announced the reintroduction of the Protecting Older Workers Against Discrimination Act (POWADA). The bill proposes to return to what is commonly referred to as the mixed-motive rule under the Age Discrimination in Employment Act (ADEA). Despite its name, the bill proposes to amend at least three other federal laws.

Click here to read how this may impact employers and what other laws are included.  

DOJ's No Poach Approach Makes Antitrust a Bust


On January 24th, a settlement was announced with one of multiple defendant employers to the tune of $7.4M for their alleged anticompetitive conduct.


Among other things, the employers allegedly agreed to not hire or even solicit each other's employees.

Get the full story here.

Are You My Employer #1:

Independent Contractor Status


Effective March 11, 2024, the rules by which you classify a worker as an independent contractor instead of an employee will change (again).


The focus will be on whether a worker is economically dependent upon the would-be employer using at least six factors.  

choice of working as freelancer versus employee
Click here for the six factors and more.

Are You My Employer #2:

Joint Employer Status


I previously shared that the effective date for the National Labor Relations Board's (NLRB) rule for determining if two or more entities are a joint employer of one or more employees was delayed until this month.


That rule is also being challenged in court.

Employee dilemma with question marks on blank paper
Click here for a brief timeline and updates. 
SUBSCRIBE TODAY text written in an orange speech bubble stamp

Join the 2024 HR Webcast Series


Discounted individual and group subscriptions are now open, available, and at a new time for west coast HR Peeps!

(12:00 - 1:15 pm. ET)



  • 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 2024 webcast subscription information.

UPCOMING PUBLIC EVENTS



Click here for a full listing of ALL upcoming and archived 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

STAY CONNECTED
LinkedIn  Twitter
Visit the website