September Issue | HR and Employment News

Volume 20 | September 2021

HR & the Law in the News

This Month's Stories: Form I-9; EEO-1; USERRA; OSHA, COVID-19 & more.

Form I-9 Flexibility Rule Expires

As of this writing, it appears that after ten (10) extensions of the original Form I-9 flexibility rule, the U.S. Citizenship and Immigration Services (US CIS) is not going to extend the rule beyond August 31, 2021. As a result, it's back to business as usual when it comes to completing Form I-9 for newly hired employees.

Click here for the link & resources.

Funny image of businessman chased with carrot

COVID-19, Carrots, & Liability

Some employers are dangling a variety of proverbial carrots to entice qualified candidates to accept jobs and current employees to return to jobs working onsite. Dangle with caution; those carrots come with liability.

Click here for info & resources on FLSA, paid leave, ADA, and other implications.

Pete & Repeat (NOT!): EEO-1 Filing Deadline Extended

If you have been reading this e-newsletter for years, you may recall that every September an article, "Pete and Repeat" used to be featured. That was because historically certain private sector employers (with 100 or more employees and smaller employers with covered, federal government contracts) had to file the EEO-1 report by September 30th of each year. That deadline has been deferred and delayed for a variety of reasons since 2017.

This year is more of the same but with a firm (as of this writing) filing deadline of October 25, 2021, for Component 1 (demographic) data.

But what about Component 2 (compensation) data?

But what about Component 2 Data? Click here for more info & resources.

OSHA Updates COVID-19 Workplace Guidance

On August 13th, OSHA updated its “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

This may now give employers more impetus to give these recommendations due consideration for implementation. Doing so may avoid or help defend any claims of failing to follow OSHA’s general duty clause in providing a safe workplace – a duty the CDC does not have the authority to enforce.”

Click here to read more.

Courts Weigh In: USERRA & Paid Military Leave

On August 10th, the 3rd U.S. Circuit Court of Appeals addressed the question of whether an employer must provide paid leave to an employee who is called to covered military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). If you read FiveL's article about the 7th Circuit's answer to the same question back in February, you might not be surprised by this court's answer.

Click here for the 3rd Circuit's answer and some "Lessons Learned."

Vaccine Mandates & Roses

Realistic 3D Illustration of COVID-19 Vaccine. Corona Virus SARS CoV 2_ 2019 nCoV virus destruction. A vaccin against coronavirus disease 2019. Breakthrough in the Creating of a COVID-19 Vaccine.

“A Rose is Not a Rose,” wrote Richard and Robert Sherman in 1978. That was contrary to Gertrude Stein’s “A rose is a rose is a rose…”

For me, the word “mandatory” has been used with equal confusion, including related to "mandatory” vaccination programs.

So, whether you represent an employer or are standing in the shoes of the employee, pause. Take a breath. Don’t panic. Remain calm.

Click here for questions & considerations for employees and employers.

19 Years and Counting

FiveL Company was launched in September 2002. I am grateful for those of you who have been with me from Day One and those who are new clients this month, plus each and every one of you all along the way.

I appreciate you! Thank you.

happy anniversary red waving ribbon banner illustration design over white

UPCOMING EVENTS

Tuesday, September 14th, "Employment Law, Legislative, & Regulatory Update," presented for the members and guests of Maryland Works, Inc. (Virtual!), 9-noon ET.

Wednesday, September 22nd, "Sex Discrimination: It's More Than It Used To Be," 10:00 -11:15 a.m. ET

Wednesday, September 22nd, "Wage & Hour Do's and Don'ts" Module 9, in the HR & the Law for Managers webcast series. 3:00 4:15 p.m. ET. $25 pp.

Thursday, September 23rd, "Top 10 HR & Legal Hot Topics," Closing Keynote, presented for IEHRA conference.

Click here for the full listing of upcoming events.

2021 Webcast Series' (2)

Discounted Subscriptions Now Available All Year!!

Get all 11 Webcasts in either series for one flat fee:

"Regular" series for HR Professionals: $200 per person.

New Series, "HR & the Law for Managers": $225 per person.

Click here to order your copy today!

In its 2nd Edition!

A SHRMStore "Great 8" Best-Seller

8 Years in a Row!

Thank YOU!

Open laptop with isolated white screen on old wooden desk with text ONLINE LEARNING

Click Here & Scroll down to "Archived Events" for a Full Listing of previously recorded events. Many still provide HRCI & SHRM credits.

This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.

FiveL Company | info@FiveL.net | www.FiveL.net

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