Volume 25 / February 2026

HR and the Law in the News

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Manager's "Unintentional Mistake" Puts Employment Agreement in Jeopardy


Your employment agreement (non-compete, no-solicitation, arbitration, etc.) reads that it must be signed by both parties to be enforceable. The General Manager who usually signs the agreements wrongly assumes one employee's agreement has been signed by another company representative. Is the agreement still enforceable despite this unintended oversight?

UPDATE: EEOC Votes to Rescind 2024 Guidance on Workplace Harassment


Last month you may have read that the EEOC sent a request to the Office of Management and Budget to rescind this Guidance. For some, including me, it was surprising to read they intended to rescind the entire Guidance and not just select portions. On January 23rd the Commission voted on the proposal to rescind the entire Guidance.


U.S. DOL Publishes First Opinion Letters of 2026


The U.S. Department of Labor's Wage & Hour Division kicked off the New Year with a bang. On January 5th the DOL published six opinion letters: four related to the Fair Labor Standards Act (FLSA) and two Family and Medical Leave Act (FMLA).

Trending Now? Employer Liability for 3rd Party Harassment


When is an employer liable for the unlawful harassment of one of its employees by a customer, visitor, vendor or other third party? The answer may be changing.

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FTC Holds Public Hearing on Non-Competes


Last week the FTC held a public hearing, "Moving Forward: Protecting Workers from Anticompetitive Non-Compete Agreements." This follows the Commission's request for information in September 2025 seeking comments from employers and workers about their experiences using non-competes and other restrictive covenants.

U.S. DOL Publishes FY '25 Wage Recovery Data


On January 8th, the U.S. Department of Labor announced it recovered more than $259M in back wages for workers in 2025, its highest recovery of back wages since 2019. This includes recoveries for violations of the FLSA and FMLA.

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Subscribe today and still get access to the recording of January's webcast - including 1.25 HRCI business credits & 1.25 SHRM PDC.

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Upcoming Event in February


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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