American Society of Employers - Anthony Kaylin

EverythingPeople this week!

EverythingPeople gives valuable insight into the developments both inside and outside the HR position.

Latest Articles

The Decline of Vertical Career Paths: A Shift Towards Horizontal Growth

20 February 2024

The Decline of Vertical Career Paths: A Shift Towards Horizontal Growth

Author: Anthony Kaylin

In the past, a vertical progression was the ideal career path for many, especially when it came to salary increases and standards of expected living.  Today, the tides have changed.  Many employees don’t want to become managers.  In fact, often, organizations don’t particularly support their managers.  If bad times occur, managers are often the first to be blamed and could be the first out the door. 

Don’t Discriminate Against Generation Z

13 February 2024

Don’t Discriminate Against Generation Z

Author: Anthony Kaylin

As Gen Z continues to assert its presence in the workforce, marked by its diverse composition and unapologetic advocacy, employers are urged to recalibrate their approaches and expectations to foster a more inclusive and productive work environment for all generations.

Federal Contractors Will be Required to Comply with Pay Transparency Requirements by End of Year

6 February 2024

Federal Contractors Will be Required to Comply with Pay Transparency Requirements by End of Year

Author: Anthony Kaylin

On January 30, 2024, the Administration proposed to publish a preliminary rule that would create a series of actions designed to support equal pay activities for workers of federal contractors and agencies as set forth by Executive Orders 14035 and 14069.  Essentially, the rule would prohibit federal contractors and subcontractors from seeking and considering salary history when setting compensation and will require pay range disclosures in certain job...
Is Changing the 401K to an RBA a Good Idea for Employers?

30 January 2024

Is Changing the 401K to an RBA a Good Idea for Employers?

Author: Anthony Kaylin

Some organizations are changing from a 401k plan to RBA. IBM is one such organization that is changing its traditional 401K plan to a new approach.  IBM currently matches the first 5% of salary that employees contribute to their 401(k) accounts, dollar for dollar, and provides an automatic 1% contribution for a total of 6%.  Instead, it will offer a secondary plan. 

Misgendering in the Workplace

23 January 2024

Misgendering in the Workplace

Author: Anthony Kaylin

With gender identification becoming more fluid, there is an inherent conflict of how to identify a fluid gender employee while respecting religious beliefs.  As a result, there are more court cases filed to protect one right with a defense of the other right leaving employers in the middle and on edge at times.  This tension can cause disruptions to the culture and to productivity if not addressed properly, whatever that may mean.

Are You Using Job Codes to Steer Employees?

16 January 2024

Are You Using Job Codes to Steer Employees?

Author: Anthony Kaylin

In November 2023, a lawsuit was filed against Amazon based on equal pay in which women are paid less than men performing the same or comparable work.  The lawsuit also alleges discrimination in promotions and retaliation against anyone who complains. 

Colorado Develops More Stringent Requirements for Pay Transparency in 2024

9 January 2024

Colorado Develops More Stringent Requirements for Pay Transparency in 2024

Author: Anthony Kaylin

Employers with employees in Colorado must comply with recent amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that became effective January 1, 2024.  While offering benefits such as cut off dates for applications, it creates more work for HR because it may not be able to standardize completely the new regulations’ requirements.

Expect Union Organizing to be Speedy in 2024

2 January 2024

Expect Union Organizing to be Speedy in 2024

Author: Anthony Kaylin

On December 26, 2023, representation case procedures changed under a rule published in August 2023 by the National Labor Relations Board (“NLRB”).  Essentially, the rule is reimplementing the 2014 Obama era “Quickie Election” rules.  

Will an EEO Case Upend Affirmative Action?

19 December 2023

Will an EEO Case Upend Affirmative Action?

Author: Anthony Kaylin

A case was argued last month before the Supreme Court, Muldrow v. City of St. Louis No. 22-193 out of the 8th Circuit, which asked the question: “Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?”  It should have been an easy case.

What is an Undue Hardship for Denying a Religious Accommodation?

12 December 2023

What is an Undue Hardship for Denying a Religious Accommodation?

Author: Anthony Kaylin

Earlier this year, the U.S Supreme Court, in Groff v. DeJoy, Postmaster General (600 U.S ______ 2023), redefined the requirements of “undue hardship” in a religious discrimination context and held that it means more than just a “de minimis” burden on the employer. Using the term de-minimis cost is “substantial in the overall context of an employer’s business.”

Can a 401k Plan Offset Future Employer Contributions?

5 December 2023

Can a 401k Plan Offset Future Employer Contributions?

Author: Anthony Kaylin

The use of forfeitures to offset employer contributions is well established and is explicitly permitted under treasury regulations and is consistent with Department of Labor guidance.  So why is this approach an issue now?

A Pay Transparency Law That Went Array

28 November 2023

A Pay Transparency Law That Went Array

Author: Anthony Kaylin

The State of Washington has been a leader in pay transparency law.  The Equal Pay and Opportunities Act prohibits gender pay discrimination by addressing business practices that contribute to income disparities between genders.  Further, all pay ranges and benefits for a job advertisement must be in the posting.   Specifically, a “posting” is defined as any solicitation, including recruitment done directly by an employer or indirectly through a third...
Is Loneliness Impacting Your Workplace?

21 November 2023

Is Loneliness Impacting Your Workplace?

Author: Anthony Kaylin

With remote work and the new reality of the workplace since the pandemic, employee loneliness has grown dramatically. Studies show that loneliness brings health problems, reduced productivity, turnover, and burnout. A BetterUp report demonstrates how the pandemic fractured workplace relationships — with 43% of respondents saying they don’t feel a connection to their coworkers.  Some 38% said they don’t trust their coworkers, and 22% said they don’t have a single...
President Biden Issues Executive Order on AI – What You Need to Know

14 November 2023

President Biden Issues Executive Order on AI – What You Need to Know

Author: Anthony Kaylin

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO).  The EO is a sweeping directive to government agencies to coordinate on all aspects of AI.  As the EO states in Section 1:
Do Employers Have to Accommodate an Employee’s Commute to Work?  One Court Said Yes – Sort Of

7 November 2023

Do Employers Have to Accommodate an Employee’s Commute to Work? One Court Said Yes – Sort Of

Author: Anthony Kaylin

The U.S 7th Circuit Court of Appeals recently ruled that a case can go to trial on whether an employer was required to provide an accommodation to an employee that had difficulty driving at night and whose shift ended at 9:00 p.m.  According to the court, the main question before it is whether the employee was entitled to a modified work schedule as an accommodation to make his commute safer.

NLRB Issues Final Rule on Joint Employment

31 October 2023

NLRB Issues Final Rule on Joint Employment

Author: Anthony Kaylin

On Friday October 26th the NLRB promulgated their final rule on joint employment.  The rule replaces a 2020 policy that excused alleged joint employers from bargaining unless workers could show they had "direct and immediate control."  This policy, according to the majority of NLRB members, was "contrary to the common-law agency principles that must govern the joint-employer standard" under the National Labor Relations Act.   
Should Employers Surveil Employees?

24 October 2023

Should Employers Surveil Employees?

Author: Anthony Kaylin

In the past, employers did not actively surveil employees except in two major areas.  First, the internet.  Employers had to make sure that employees were not going to illicit sites.  Second, on factory floors.  For many, insurance coverage played a role in filming employee activity in case of accidents and other like activities.  There is also recording of calls for customer service, for example, that are stated to be used for training purposes. 
How do You Know if Someone is Truthful in an Investigation?

17 October 2023

How do You Know if Someone is Truthful in an Investigation?

Author: Anthony Kaylin

Many HR professionals have done internal investigations and had to determine the truthfulness or credibility of the person being interviewed.  Generally, doing these investigations means that regardless of who is involved, the investigator must have an open mind without any prejudice to conduct a fair and impartial investigation.  It can be difficult because the person being interviewed may be known to HR either personally or through the eyes of the supervisor, but any...
Categories: EverythingPeople
EEOC Issues New Harassment Guidance

10 October 2023

EEOC Issues New Harassment Guidance

Author: Anthony Kaylin

On Monday October 2, 2023, the EEOC released its new proposed Harassment Guidance for comment to the public.  Comments must be in by November 1, 2023. 

Could Responding to an Employee Feedback Program Create a Union?

3 October 2023

Could Responding to an Employee Feedback Program Create a Union?

Author: Anthony Kaylin

In a case before the U.S. Court of Appeals in Washington D.C., the National Labor Relations Board (NLRB) is claiming a program that solicits employee feedback created a union because the company discussed the issues with the employees (T-Mobile v. NLRB, Nos. 22-1310 and 23-1002). 

How the AI Transformation will Impact Organizations

26 September 2023

How the AI Transformation will Impact Organizations

Author: Anthony Kaylin

Although Artificial Intelligence (AI) has been around in one form or another for the past 30 years, with the advent of the web and ability to electronically link large datasets, AI is coming on its own.  The AI transformation from work to daily life is coming on strong and fast, but not fast enough to immediately eliminate a number of jobs.

Categories: EverythingPeople, AI
What’s New for EEO-1 Reporting in 2023?

19 September 2023

What’s New for EEO-1 Reporting in 2023?

Author: Anthony Kaylin

Since 1966 private employers with 100 or more employees and federal contractors with 50 or more employees and that meet certain criteria are required to report annually the number of individuals they employ by job category, sex, and race or ethnicity.  The EEO-1 report, although filed in 2023, is for the 2022 year.  So, the report is called 2022 EEO-1 Component 1.

The Impact of Rising Healthcare Costs on HR

12 September 2023

The Impact of Rising Healthcare Costs on HR

Author: Anthony Kaylin

More than half of the working population in 2021, 155 million, relied on employer health coverage. While average premiums are up 4% from 2020, costs are up 47% when comparing 2021 to 2011. Deductibles have surged 68.4% over the last decade with the advent of high deductible plans.

Is a New Standard for Discrimination Coming?

5 September 2023

Is a New Standard for Discrimination Coming?

Author: Anthony Kaylin

Under general EEO law, federal anti-discrimination law liability arises depending on the federal circuit court of appeals in three situations:  the Sixth Circuit prohibits any “materially adverse change in the terms of employment;” the Ninth Circuit prohibits any adverse treatment “reasonably likely to deter” the plaintiff from engaging in protected activity; and finally, the Fifth and Eighth Circuits prohibit an “ultimate employment decision.” ...
OMB Approves OFCCP’s New Scheduling Letter

29 August 2023

OMB Approves OFCCP’s New Scheduling Letter

Author: Anthony Kaylin

The White House Office of Management and Budget (OMB) has approved the U.S. Department of Labor’s Office of Federal Contract Compliance Program’s new scheduling letter.  The updated scheduling letter applies to supply and service compliance evaluations scheduled on or after August 24, 2023.

RSS

Filter:

Filter by Authors

Position your organization to THRIVE.

Become a Member Today