EverythingPeople gives valuable insight into the developments both inside and outside the HR position.
16 April 2024
On Monday the Equal Employment Opportunity Commission (EEOC) reported that the final version of the Pregnant Worker Fairness Act (PWFA) regulations will be published in the Federal Register August 19th. The PWFA was passed December 29, 2022, and took effect in June of 2023. Last August proposed rules were released, and the public’s comments were requested. Over 100,000 comments were received.
9 April 2024
2 April 2024
26 March 2024
When reviewing employee handbooks one of the tougher feedback discussions is about how a policy is written and having to explain why on its face it is a fairly esoteric policy, but it is too broadly written and may be a violation of federal labor law.
19 March 2024
Most Michigan HR professionals know something about the Bullard Plawecki Employee Right to Know Act. It has been around since 1978 (PA 397) and permits current and former employees the right to review what is in their personnel file. This type of law is often referred to as a sunshine law.
12 March 2024
5 March 2024
27 February 2024
Should workers violating a company dress code policy be protected under the National Labor Relations Act (NLRA) if they are wearing or displaying political slogans on their uniforms protesting for an issue unrelated to their work?
20 February 2024
In the category of what’s good for the goose is good for the gander we have the pro-union National Labor Relations Board (NLRB) recently finding the United Food and Commercial Workers (UFCW) union engaged in a myriad of unfair labor practices with its own unionized staff who are members of FAIR. (Yes, unions have unions.)
13 February 2024
6 February 2024
This Sunday is the Super Bowl, and while it will not be as great without the Lions there, there is a good chance your employees are betting on it. The American Gaming Association estimated that upwards of 28 million Americans participated in office pools for the 2023 Super Bowl. This was up 50% from 2022 and it is expected even more employees will be in office pools this year. How should employers feel about that?
30 January 2024
The Bureau of Labor Statistics (BLS) reported union membership continued to decline in 2023. The BLS reported that private sector union membership increased by 191,000 members during the year. Union representation was 11.2% of workers in 2023 down from 11.3% in 2022.
23 January 2024
While it seems like elections and politics have been on-going rather than every two or four years, we are now entering the actual election year, and employers should prepare themselves to address possible employee dissent, rancor, or worse.
16 January 2024
In a little bit of a surprise from the National Labor Relations Board (NLRB), an NLRB judge upheld a Whole Foods’ ban on Black Lives Matter (BLM) wear/gear in its workplace. Some may remember that in 2020 Whole Foods was challenged by civil and labor rights activists for prohibiting the wearing of BLM insignia on its uniforms while at work. Whole Foods had a policy that banned “any visible slogan, message, logo or advertising” on its uniforms.
9 January 2024
2 January 2024
As we closed out 2023, unions continued to win recognition elections at a rate of almost 75%. In 2023 this percentage is from 1,316 certification elections run nationally. This included an overall win rate in September, 2023 of 91%. This win rate was for recognition certification elections – also called RC elections.
19 December 2023
The Sixth Circuit Court of Appeals recently ruled on a sex discrimination case where the Plaintiff argued she was denied a promotion twice and then the employer moved to demote her because she was heterosexual. The case involved the “unusual employer who discriminates against the majority.” This type of discrimination is sometimes erroneously referred to as reverse discrimination.
12 December 2023
5 December 2023
While we were all enjoying the Friday after Thanksgiving the Department of Treasury and the Internal Revenue Service issued a set of rules that could benefit a small (probably) number of employees by making them eligible to participate in an employer’s 401K defined contribution plan.
28 November 2023
Shaun Fain, UAW President, is not only taking a victory lap around the recent contract settlements with the Detroit Three, but he has also repeatedly vowed to organize the other non-union auto manufacturers and their suppliers so that in 2028 he will be bargaining against the Big Five or Six.
21 November 2023
What the National Labor Relations Board seeks to give unions, the Courts taketh away. Since the beginning of the Biden era, the NLRB has issued ruling after ruling challenging employers’ policies as anti-union. Many policies that have been acceptable for years are now being cast as anti-union and in turn, an unfair labor practice.
14 November 2023
ASE has advised on this in the past but with the current state of social media use and the growing rancor and divisiveness in society we remind employers again: employers do have rights when it comes to its employees’ off-work verbal and social media communications.
7 November 2023
The Sixth Circuit Court of Appeals is looking at an employer’s delivery driver expense plan. Under federal law a business can reimburse delivery drivers through a reasonable approximation of their expenses rather than using a mileage expense method, as long as the total reimbursement, along with any wages does not reduce the driver’s take home pay below minimum wage.
31 October 2023
Last Wednesday Ford Motor Company reached a tentative agreement with the United Auto Workers. Though it remains to be seen what else was agreed to, the tentative deal increases wages 25% over the life of the contract. Top wage jobs will see cumulative wages rise 30% to over $40/hr. Starting wages will increase 68% to over $28/hr. Stellantis agreed to a similar deal last Saturday that mirrors the Ford deal.
24 October 2023
Employers are advised to review certain employee handbook policies to ensure they will not be found to violate the National Labor Relations Act (NLRA). As we have reported, the pro-labor National Labor Relations Board (NLRB) is issuing new Board decisions that are decidedly pro-labor and challenge some long standing employer policies as a violation of a worker’s right to engage in protected concerted activity.