Volume 22 | July 2023

HR and the Law in the News

Did you miss FiveL Company's 17th Annual Employment Law, Legislative & Regulatory Update seminar?


The entire program is now available on demand, including all 6.5 credits pre-approved by HRCI and SHRM. Click here for the day's agenda and to register for full, per-person access to the recording.

Religion Faith Believe Belief Praying Religion Concept

SCOTUS Raises Bar for Employers' Duty to Provide Title VII Reasonable Accommodation for Religious Observance



One day before its session ends, the U.S. Supreme Court answered two questions regarding an employer's obligation under Title VII of the Civil Rights Act of 1964 to provide reasonable accommodation for an employee's sincerely held religious belief:


(1) Should the de minimis rule be changed to a stricter standard? (Yes)

(2) Should the assessment of undue hardship on the conduct of the employer’s business include merely showing that the requested accommodation burdens the employee’s co-workers rather than the business itself? (No)


 Click here to read more.  
A newspaper on a wooden desk - Important announcement

DHS Announces FInal Form I-9 Flex Rule to be Published August 2023


Are you wondering how to comply with in-person inspection of Form I-9 documents for your remote workers? While the rule permitting remote inspection expires July 31st, DHS has announced that next month, it will publish a final rule that may give employers some continued flexibility.

Click here for more information and why we might see this delayed. 

US DOL Announces New Overtime Rule on the Horizon


In its most recent announcement, the DOL published a date of August 2023 for its new, proposed overtime rule. This is the rule that determines how you properly classify an employee as exempt from the Fair Labor Standards Act's minimum wage and overtime requirements.


Before you get excited, recognize this is the fourth time in about 14 months the DOL has announced a new rule is coming.

Overtime Working Extra Added Hours Clock Words 3d Illustration
Click here for more information, links, tips and resources.
Render illustration of Affirmative Action title on Legal Documents

How Will SCOTUS' Decision on Affirmative Action in Academic Programs Impact Employers?


On June 29th, the U.S. Supreme Court held that, "Harvard's and UNC's admissions programs violate the Equal Protection Clause of the Fourteenth Amendment." The decision was reached, in part, because the programs considered an applicant's race in admissions decisions.

Click here to read what impact this decision may have for employers.

White Regional Manager Awarded $25.6 Million in "Reverse" Race Discrimination Case


On June 12th, a federal jury awarded a white female, former regional manager of Starbucks $600,000 in compensatory damages and an additional $25 million in punitive damages. She alleged she was fired from Starbucks because of her race.

Discrimination word cloud concept on white background.
Click here for related trends and practical tips.   

Are You My Employer? NLRB Redefines (Again) Independent Contractor Classification Rule


On June 13th, the National Labor Relations Board issued a decision redefining how employers should determine whether a worker is an employee or independent contractor.


The Board (re)established a ten (10) factor test, and added an 11th factor.

Independent Contractor Word Cloud on Blue Background
Click here for the list of factors & a few fun facts. 

UPCOMING PUBLIC EVENTS





ICYMI - Check Out Recent, Archived Events!

Click here for a full listing of upcoming and (scroll down for) archived 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. 

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