Volume 20 | December 2021
HR & the Law in the News
This Month's Stories: COVID Corner (2 stories), FLSA , Form I-9, and more!
COVID Corner #1:
EEOC Updates COVID-19 Vax Guidance AGAIN

Last month you read that the U.S. EEOC updated its guidance in October. They did so again in November. This time it is a whole new Section M: Retaliation and Interference.
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COVID Corner #2:
Hurry Up and Wait
The last few weeks have been fraught with political and legal maneuverings. All of which have left employers wondering what to do next. 

All four COVID vax rules are facing multiple legal challenges, including the rule for: (1) federal employees; (2) federal contractors; (3) OSHA’s ETS; and (4) CMS’ rule for covered healthcare settings and facilities.

As of this writing, two of those four have been stayed by a court.
US CIS Ponders Permanent Form I-9 Flex Rule
On October 26th, the U.S. Citizenship and Immigration Services announced that it was considering "alternative options to physical document inspection." CIS seeks employers' comments, including from small businesses. The deadline for commenting expires December 27th.

There are at least five (5) questions that refer to the possibility of making the Form I-9 Flexibility Rule permanent.
Discrimination is Color Blind
Statue of justice
For the second time in about 30 days, I read another news story about a white man claiming he was fired because of his race. Both plaintiffs alleged that their ousting was the result of a Diversity, Equity, and Inclusion (DEI) initiative (aka DEIB, add Belonging).

I suspect that an "A" may soon be added to the acronym.
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Misclassification Strikes Again!
Last month's newsletter reported on an $8M settlement when a company misclassified managers as exempt instead of non-exempt under the Fair Labor Standards Act (FLSA).

This month brings the story of a $1.4M settlement announced by the U.S. Department of Labor as a result of a company misclassifying some workers as independent contractors instead of employees. What may have hurt most? The owners were held individually liable! Ouch!!

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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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