Volume 22 | March 2023

HR and the Law in the News

Featuring stories on FTC, FLSA, FMLA, NLRB, OSHA & more...

Scroll to the bottom for upcoming events, including 1 FREE!

A newspaper on a wooden desk - Important announcement

FTC Commissioner Wilson Announces Not-So-Quiet Quit


We read about quiet quitting. Not so here! On February 14th, Commissioner Christine Wilson announced her "noisy exit" and resignation from the Federal Trade Commission. This was just 40 days after she issued the sole and dissenting opinion regarding the FTC's proposed rule to effectively ban non-compete agreements. What was the FTC's response?

 Click here to read on AND to access FiveL's FREE webcast on the FTC's proposed rule.  

U.S. DOL Issues Guidance on Teleworkers, FLSA & FMLA Compliance


On February 9th, the U.S. Department of Labor (DOL) issued its first Field Assistance Bulletin (FAB) of the year, "Telework Under the Fair Labor Standards Act and Family and Medical Leave Act."


How & when do you pay non-exempt teleworkers for rest breaks and meal periods?


If or when is an employee who works more than 75 miles from your worksite FMLA eligible?

Click here to read for the latest guidance and some reminders.

OSHA 300A Electronic Submissions Due by March 2nd


Last month covered employers had to post the OSHA 300A report in their workplaces. By March 2nd, some of those employers must electronically submit a 300A report to OSHA for some or all of their establishments. 

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Click here to learn if you are covered and your next steps.   

SCOTUS Rules Executive Earning More than $200K/Year Is Owed Overtime


An employee oversaw business operations and supervised 12 to 14 workers. He was paid a daily rate for each day that he worked, earning more than $200,000 per year. Despite those earnings, he filed a lawsuit asserting he was improperly classified as exempt and should have been paid overtime for all the hours he worked over 40 in each work week. 


On February 22nd, the U.S. Supreme Court agreed. How and why?

Supreme Court building in Washington_ DC_ United States of America
Click here for to read how, why, and for some practical tips.

If You Can't Say Anything Nice...

Fashion portrait of serious woman dressed as a secret agent or spy. Gray background.

On February 21st, the National Labor Relations Board (NLRB) ruled that an employer violated the National Labor Relations Act (NLRA) when it offered a severance agreement that broadly prohibited covered employees "from making statements that could disparage or harm the image of the [employer] and further prohibited them from disclosing the terms of the agreement."

Why? Click here to find out!
Macro photo of tooth wheel mechanism with REGULATIONS_ COMPLIANCE concept words

Unlimited FMLA Leave? Yep, it's a thing.


When we think of leave under the federal Family and Medical Leave Act (FMLA), we generally think of an eligible employee's entitlement of up to 12 weeks of leave in a 12-month period. Last month, the U.S. Department of Labor issued an opinion letter that shares two good reminders for employers.

Click here to read what they are, plus two more tips! 

EEOC Issues One Report, Another Pending

On January 10th, the Equal Employment Opportunity Commission published its draft Strategic Enforcement Plan. The proposed enforcement priorities include employers' use of technology, artificial intelligence, and restrictive covenants, among other topics.


As of this writing, the EEOC has not yet published its charge statistics for its FY 2022. Stay tuned!

Click here for more information.
Click here for all news stories!

UPCOMING EVENTS






The 2023 Webcast Series are still open!


FiveL Company is again offering two series:

one for managers and one for HR professionals.


Individual subscribers get more than 25% off (all 11 for the price of 8).

Groups of five or more from the same employer get an additional 20% off!


Don't want to subscribe for the full series? Monthly registrations are still welcome and available at $25 per person.


Click here for more information and to subscribe.
Click here for a full listing of upcoming 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
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