July Issue | HR and Employment News

Volume 20 | August 2021

HR & the Law in the News

Bringing You More Stories in a Shorter Format!

HHS & DOJ Address Long COVID & the ADA

July 26th marked the 31st anniversary of the Americans with Disabilities Act (ADA). It may be no coincidence that on the same day, the Department of Justice and Health and Human Services announced joint guidance on the ADA and "Long COVID-19."

"Long haulers" or those with long COVID are those who "continue to experience symptoms that can last weeks or months after developing COVID-19." This condition "can be a disability under the ADA..."

Click here for links, resources and tips from the agencies.

President Urges Review of Antitrust Guidance for HR Pros

On July 9th, President Biden issued “An Executive Order on Promoting Competition in the American Economy.” The order “encouraged” the Chair of the Federal Trade Commission (FTC) and/or the U.S. Attorney General to:

consider whether to revise the Antitrust Guidance for Human Resource Professionals of October 2016; and
“address agreements that may unduly limit workers’ ability to change jobs” and exercise “the FTC’s statutory rulemaking authority…to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.

Click here for more info & resources.

Association Discrimination: A COVID-19 Reminder

An employee refuses to return to work. The employee wants to continue working from home. Why? The employee says it is because an immediate family member with whom the employee lives has an underlying health condition. The employee is afraid returning to work might result in the employee contracting COVID-19, putting the family member at risk.

What bell and whistle should be going off? The title is a clue!

Click here to read more.

FMLA & Workers' Comp: Clash of the Titans?

An employee is injured at work. You immediately process a workers' compensation claim. The employee is out for 11 workdays during which the attending doctor determines the employee’s injury will prevent her from performing one or more of her job duties. You have a light duty job available, offer it to her, and she accepts. But when she fails the return-to-work physical, she fails and is fired. What four things (at least!) did the employer do wrong?

Click here for FMLA 101 tips, the court's explanation, and some resources.

What Was, Is Again - Joint Employer Status Update

On July 29th, the U.S. Department of Labor (DOL) announced it was rescinding the prior, "final" rule that defined when two entities would be considered joint employers. The new rule takes effect September 28, 2021.

A newspaper on a wooden desk - Important announcement

Click here to read more and what it means for employers.

UPCOMING EVENTS

Friday, August 20th, "The Why Behind DEI," presented during MACo's Summer conference, Ocean City, MD.

Wednesday, August 25th, "Substance Use, Abuse, and Testing," 10:00 - 11:15 a.m. ET $25 pp. Pre-approved by HRCI & SHRM for 1.25 credits.

Wednesday, August 25th "Coaching, Counseling & Correcting, 3:00 - 4:15 p.m. ET $25 pp.

Click here for the full listing of upcoming events.

2021 Webcast Series' (2)

Discounted Subscription Now Available All Year!!

Get all 11 Webcasts in either series for one flat fee:

"Regular" series for HR Professionals: $200 per person.

New Series, "HR & the Law for Managers": $225 per person.

Click here to order your copy today!

In its 2nd Edition!

A SHRMStore "Great 8" Best-Seller

8 Years in a Row!

Thank YOU!

Open laptop with isolated white screen on old wooden desk with text ONLINE LEARNING

Click Here & Scroll down to "Archived Events" for a Full Listing of previously recorded events. Many still provide HRCI & SHRM credits.

This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.

FiveL Company | [email protected] | www.FiveL.net

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