Volume 22 | June 2023

HR and the Law in the News

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

Part II "LIVE" session is June 18th. Registrants gain access to LIVE plus archived recordings of Parts I and II, including all 6.5 credits pre-approved by HRCI and SHRM. Click here for the day's agenda and access to the recording.

A newspaper on a wooden desk - Important announcement

What's Old is New Again:

Form I-9 Flex Rule Expires 7-31-23

On May 10th, the US CIS announced that the Flexibility Rule for remotely completing I-9 Forms will expire on July 31st. By August 3oth, employers must (1) update via visual inspection all Form I-9's they viewed remotely under the Flexibility Rule; and (2) continue visual inspection moving forward.

For employers that had remote employees prior to the declaration of COVID-19 as a public health emergency (PHE), this is nothing new. It is just back to business as usual.

But for employers who never had remote employees until the COVID-19 PHE, many are feeling stressed and scrambling to figure out how this is done.

 Click here for more information and US CIS' FAQ's.  
illustration of retaliation paper message on white background

EEOC and NLRB Issue "Best Practices" on Workplace Retaliation

On April 14th, these two federal agencies published a presentation about which the NLRB's General Counsel wrote, "we urge employers who may have questions about their responsibilities under the law to review this presentation."

Click here for the "Best Practices" checklist. 

US DOL WHD Publishes PUMP Act Field Assistance Bulletin

On May 17th, the U.S. Department of Labor’s Wage and Hour Division published a 9-page Field Assistance Bulletin (FAB) regarding nursing employees’ rights under the FLSA, as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act aka PUMP Act.

The rights apply to most nursing employees and require covered employers to provide certain rights and protections to those employees.

Close-up. Pregnant adult businesswoman working at her working place in office.
Click here for more information, links, tips and resources.
Mini STOP sign over chalkboard background and table_ STOP HARASSMENT concept

Unlawful Harassment:

It's Not Just a Women's Issue

A recent case reminds employers to take every complaint of harassment seriously. That includes conduct based on an individual's sex (male or female) or gender (LGBTQIA2+).

Click here for the full story

Happy Holiday - But What About FMLA?

Question: How do you calculate the amount of leave used when an employee takes leave under the Family and Medical Leave Act (FMLA) during a week with a holiday?

Answer: It depends! The DOL's recent answer to this question was not new. I also thought it was a great reminder.

Click here for the answer and a practical example.   

EEOC Publishes AI Guidance for Employers

On May 17th, the U.S. Equal Employment Opportunity Commission published, "...Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures..."

Comprised of just seven Q & A's, it is a pretty quick read and a great reminder for employers. I find most employers are not aware of their obligations under the federal Uniform Guidelines on Employee Selection Procedures (UGESP) to track the pass/fail results of their selection procedures. Are you?

AI Chatbot intelligent digital customer service application concept_ computer mobile application uses artificial intelligence chatbots automatically respond online messages to help customers instantly
Click here for more information and resources. 

Got Government Contracts?

If you are a covered federal contractor required to maintain affirmative action plans, be sure to update your voluntary self-identification form for disability.

The OFCCP has published an updated form that covered contractors must implement by July 25th.

Click here for a link to the new form and a few tips. 
Preparation of the lemonade drink. Lemonade in the jug and lemons with mint on the table outdoor

Making Lemonade From Lemons

If you joined FiveL Company's 17th Annual Employment Law Update, you missed the excitement! Three plus hours into the program we crashed due to a cable outage in the local area and were unable to complete the day.

The good news is, if you missed the event, you can join us "live" for Part II on Friday, June 16th, from Noon to 3:30 p.m. ET. When you register, you will get access to the recording of Part I and can still get all 6.5 credits, pre-approved by SHRM and HRCI.

Can't make it June 16th? No worries! We've got you covered. Both parts will be recorded so you can attend the entire program on-demand and still qualify for the 6.5 credits.

Click here for the agenda and to register. 


ICYMI - Check Out Recent, Archived Events!

...and more!

Click here for a full listing of upcoming and archived events!
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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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