Volume 21 | January 2022
HR & the Law in the News
This Month's Stories: COVID Corner (3 stories), FMLA & Snarky Comments, FLSA, Form I-9, 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.
COVID Corner - A 2-fer!
OSHA & CMS Vax Rule Updates

In one week, we saw legal challenges to both rules wend their way from off, to on again, and then on to the U.S. Supreme Court.
Form I-9 Flex Rule Extended Again!

On December 17th, US CIS and DHS announced yet another extension of this rule (#12?). This time the extension is through April 30, 2022. In October, you may have read that there was consideration being given to making this rule permanent. Since this extension came out before the notice and comment period has closed, it seems the door remains open to possibly making this rule permanent.
Will Spring Bring Salary Spike?
On December 9th, the U.S. Department of Labor (DOL) published its Fall regulatory agenda. One item could change how you classify your employees as exempt under the Fair Labor Standards Act (FLSA). A Notice of Public Rule Making (NPRM) is scheduled for April 2022. The DOL announced, "One of the primary goals of this rulemaking would be to update the salary level requirement of the section."
Sarcasm and painful human condition_ pictured as a wooden human figure pushing heavy weight to show how hard it can be to deal with Sarcasm in human life_ 3d illustration
FMLA Interference & Retaliation: Timing, Intent & Snarky Comments
Has a manager really granted an employee FMLA leave if he makes the employee's work life kind of miserable thereafter? Yes, and no. That's what a U.S. District Court in Ohio recently said.
Cat's Paw Strikes Again!
Grey cat sits at a table with books and notebooks_ studying at home. Concept for teacher s day_ education for a pet.
Can a boss discriminate or retaliate against an employee whom he has never met, has no animus, and talked to only once or twice before he laid the employee off? If so, how?
COVID Corner Story #3:
U.S. EEOC Publishes Q & A on COVID-19 & ADA
On December 14th, the EEOC published updated FAQ's on "COVID-19 and the Definition of 'Disability' Under the ADA/Rehabilitation Act." They compared their guidance to that published earlier this year by the DOJ and HHS as focusing "...more broadly on COVID-19 and [doing] so in the context of Title I of the ADA and section 501 of the Rehabilitation Act, which cover employment."

While the information may not be new. it includes some good reminders for employers.
UPCOMING EVENTS
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter. 
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