Volume 23 | January 2024

HR and the Law in the News 

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Happy New Year!!


I wish for each of you a bright New Year.

Stay safe, well, happy, and healthy in 2024.

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Announcing the 2024 Webcast Series!


Discounted annual subscriptions are now open and available at a new time for our west coast HR Peeps!


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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Lawsuit Takes Aim - Is HR to Blame?


On December 21, 2023, a proposed consent decree was filed to the tune of $54 million to settle a lawsuit filed in 2021 alleging various forms of sex bias, discrimination, harassment, and more.

 Click here to find out how HR may have dropped the ball.   
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SCOTUS Declines to Hear ADA Reasonable Accommodation Case


An employee seeks a reasonable accommodation. You determine that you are not able to provide any reasonable accommodation for the employee to perform the essential functions of the current job. You have no vacant position into which you can transfer or place the employee.


What do you do? Fire the employee? Invite the employee to resign? What about an unpaid leave of absence? Is that a reasonable accommodation under the ADA?

Click here to read what the 4th Circuit said and what SCOTUS did not say.  
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A Rose is Not a Rose:

Worker Misclassification


Before you fill a vacancy, you need to decide what type of worker you need and want. Do you want to hire an employee or engage a worker like a volunteer, unpaid intern, or independent contractor?


One company learned that preparatory lesson the hard way and to the tune of $532KOuch!


Click here for more information and some free resources.

Consultant Makes it Rain $90K Against Client-Employer


The Age Discrimination in Employment Act (ADEA) covers employers with 20 or more employees. It prohibits discrimination against individuals age 40 or above. You have two applicants: one is age 49, the other is age 41.


  1. If you hire the 41-year-old, can you violate the ADEA since both are over 40?
  2. What if you did not interview the candidate but hired a consultant to do so for you; can you be held liable if the consultant engages in actual or perceived discriminatory conduct?
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Click here for the answers and some tips.

No Take Backs - Court Rules on FLSA Violations


You classify some workers as independent contractors. Since they are not your employees, you do pay them well and give them some perks, but you do not pay them overtime. If they sue you for misclassification and you are found guilty, can you offset the back wages that you owe and any penalties or fines by requiring those workers to repay some of the compensation you already provided to them?

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Click here for the Court's answer, rationale, and some resources. 

UPCOMING PUBLIC EVENTS


Kick off 2024 with new opportunities for professional development!

Happy New Year!!


Click here for the 2024 webcast subscription information.
Click here for a full listing of upcoming and archived public & private 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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