Volume 21 | May 2022
HR & the Law in the News
This Month's Stories on Corporate Poaching, Ageism, Form I-9, ADA & Drug Treatment, and more, PLUS Upcoming Events!
age discrimination_ newspaper article text
Age Discrimination, Retaliation, and What Were You Thinking?!

There are some interviewing questions that most of us presume everyone knows you are not supposed to ask, like "Are you pregnant?" I think (or thought before I read this headline) that another was, "How old are you?" But not so for one recruiting firm! The firm landed itself in hot water when it asked applicants how old they were.
Lucky 13! US CIS Extends Form I-9 Rule Again!

On April 25th and for at least the 13th time since its inception in March 2020, the U.S. Citizenship and Immigration Services (US CIS) announced it is again extending the Form I-9 Flexibility Rule. 
Drug prescription for treatment medication. Pharmaceutical medicament_ cure in container for health. Pharmacy theme_ capsule pills with medicine antibiotic in packages.
The ADA, Addiction, Treatment, and Recovery
On April 5, 2022, the U.S. Department of Justice published a new Guidance on "The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery."

On April 11, 2022, the U.S. EEOC reported it filed a lawsuit against an employer, alleging the employer violated the ADA when it rescinded a job offer to an applicant who tested positive for amphetamines.

Both stories give employers some reminders about the legal and the employee relations issues tied to substance use, abuse, and testing.
A man grabs a figurine of people from the crowd. Hiring employees. Market Segmentation and Niche Conquest. Human resources. Enticement of workers and customers from a competitor. predatory competition
Take Some Coaching About No Poaching
I get it. An employer wants to protect one of its greatest assets: its employees. So, the employer uses no-solicitation agreements: one for employees and one for its vendors and service providers. Each prohibits the other party from soliciting or employing any of its employees. Competitors might even have a wink-and-a-nod agreement to not do the same; we won't solicit your employees if you don't solicit ours, aka a no-poaching or corporate raiding agreement.

So, what's the problem if all parties agree?
Double Vision: EEO-1 Deadline(s) Loom on the Horizon(s)
The U.S. EEOC's EEO-1 reports are due May 17, 2022. Or are they? The Commission's FAQ's suggest covered employers actually have until June 21st to file. But if you wait, you may end up on the Commission's "failure to file" list.
Miniature scale model businessman standing on a wage pay slip showing earnings deductions.  Isolated on a white background
Ignorance of the Law is No Excuse
That is what one employer reportedly learned when it claimed its wage and hour violation was the result of a "misunderstanding" of the law.  That followed an investigation by the U.S. Department of Labor that required the employer to pay $867,572 in back wages to 910 workers.

ICYMI - April's Archived Webcasts

$25 pp. *Pre-approved by HRCI & SHRM for 1.25 credits

Registration for FiveL Company's 16th Annual
"Employment Law, Legislative & Regulatory Update"
is still open.

$99 per person - group discounts available
Pre-approved by HRCI & SHRM for 6.5 credits
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8 Years in a Row!
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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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