Volume 22 | January 2023

HR and the Law in the News

New Year 2023 Background_ Greeting Card

Wishing you and yours a happy, healthy, and bright New Year.

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Another Bonus Bites Back


Last month it was a holiday bonus that bit the employer. This report is about a productivity bonus. What do employers keep missing that is getting them in hot water with the U.S. Department of Labor?

 Click here to read more. 

FMLA: Forms Make Leave Available


OK. Maybe it's not the best acronym but at least one employer will remember the price it had to pay when it failed to issue an employee the required FMLA forms.

Check out the story here with the link to DOL's related Fact Sheet.

The ADA, Reasonable Accommodation, and How is an Employer to Know?


An employee asked to work from home for several months due to childbirth-related complications. Her doctor’s note indicated that she may work from home. Finding this information insufficient to support the employee’s accommodation request, the employer asked her to either submit additional documentation or return to the office. When the employee failed to do either, she was fired. She then sued for failure to provide reasonable accommodation, plus a few other claims.

Question mark heap on table concept for confusion_ question or solution
Who prevailed? Click here to find out!  

Speaking of Accommodation: President Pens New Protections for Pregnant Employees


On December 29th, President Biden signed the $1.7 Trillion omnibus spending bill. In the day (or two) prior, several amendments were added to the existing 4,155 page-long bill. Two of those amendments included employment protections for pregnant employees.

Close-up. Pregnant adult businesswoman working at her working place in office.
Click here to learn what policy updates you may need to implement.

President Biden Signs Speak Out Act

Fashion portrait of serious woman dressed as a secret agent or spy. Gray background.

As anticipated, President Biden signed the Speak Out Act on December 7, 2022. It took effect immediately and applies to a "claim that is filed under Federal, State, or Tribal law on or after the date of enactment of this Act."

Click here to find how this may impact your employment practices.

Form I-9 Update


If you process Form I-9’s for newly hired employees, take note. On December 9th, USCIS announced an extension of expired Permanent Resident Cards (PRC).


If on or after December 12, 2022, an individual presents to you an expired PRC and presents a Form N-400 receipt, the latter will provide an automatic 24-month extension of the PRC, as a List A document.

Click here for the USCIS Policy Alert.

IRS & DOL Focus (Again) on Worker MIsclassification

The Internal Revenue Service and the U.S. Department of Labor (DOL) have signed a new Memorandum of Understanding (MOU) to “promote employer compliance with obligations to properly pay employees and to pay employment taxes.”


Targeting employers’ misclassification of workers as independent contractors instead of employees is not a new effort. The two agencies signed a similar agreement in 2011.

If you use one or more independent contractors, click here to learn if you might be on the IRS' radar.
Click here for all news stories!

UPCOMING EVENTS



The 2023 Webcast Series are now open!


FiveL Company will again offer two series:

one for managers and one for HR professionals.


Individual subscribers get more than 25% off.

Groups of five or more from the same employer get an additional 20% off!


Don't want to subscribe for the full series? Monthly registrations are still welcome and available at $25 per person. Check out January's public events:




Click here for more information and to subscribe.
Click here for a full listing of upcoming 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. 

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