Volume 25 /May 2026

HR and the Law in the News

Scroll to the Bottom for Upcoming Events

FiveL's 20th Annual Employment Law Update Seminar, 1 Free event & more!

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Guardians of the Galaxy, Age Discrimination, and What NOT to Say About an Applicant


I recently watched Guardians of the Galaxy Vol. 3 (again). I recall the scene in which Kraglin tells Cosmo the Space Dog (who can, of course, talk and speak English) that she was a “bad dog.” Cosmo was saddened and angered. But the movie has a happy ending and happy Cosmo. Not so for this employer.

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Workplace Retaliation:

Managers - Let HR Be Your Firewall


An employee tells two managers and HR that his supervisor is giving female employees preferential treatment. Shortly thereafter, the supervisor fires the employee for unsatisfactory work performance. The employee then sues for unlawful retaliation. The timing does not look good. So, why did the employee's claim fail?

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Workplace Investigation Reminder:

When Wishing it Away Won't Work


On March 31st a jury awarded a former employee $5M following a claim alleging at least five (5) violations of the ADA and Title VII of the Civil Rights Act. Defendants in the case included his former employer, two HR Business Partners, and a manager! What happened?

U.S. DOL Issues Proposed Joint Employer Rule


On April 22, 2026, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) to revise its analysis for assessing joint employer status under the FLSA and FMLA. This rule determines if and how your company may be held liable for certain actions of another employer, including any of your contractors or vendors.

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Bonus Bites Back (Again!)


Speaking of the DOL, last month they announced a recovery of $122,476 in back wages for 140 workers. The DOL's investigation found an employer failed to pay workers their full wages, in violation of the FLSA. How? The employer did not include non-discretionary bonuses when calculating overtime wages for non-exempt workers. 

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It's High Time?

Marijuana Moves One Step Closer to Broad Rescheduling


The Justice Department and Drug Enforcement Agency have issued an order immediately placing both FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act. The order also initiates an expedited administrative hearing process to consider the broader rescheduling of marijuana from Schedule I to Schedule III. What does this mean for employers?

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It's that Time of Year - Almost!

FiveL's 20th Annual Employment Law, Legislative & Regulatory Update Webcast, May 22nd


Registration is now open and includes the handout, per person access to the full-day live and recorded event, and pre-approved by HRCI and SHRM for 6.5 credits. All at the same price since 2020!! $99 per person.

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Spring Has Sprung - Upcoming Events!


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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