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

When are Musculoskeletal Treatments Recordable Under OSHA?

9 July 2024

When are Musculoskeletal Treatments Recordable Under OSHA?

Author: Anthony Kaylin

On May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique [“ART”] (massage that targets soft tissues), and exercises and stretching.

Major Developments from the Supreme Court

2 July 2024

Major Developments from the Supreme Court

Author: Anthony Kaylin

Two recent decisions by the Supreme Court will have implications for HR.  First was the Loper Bright Enterprises v. Raimondo, No. 22-451 (2024) decision.  This decision concerned a 40-year doctrine called the Chevron deference, a nod to the power of agency actions.  The second decision was SEC v. Jarskey, No. 22-859 (2024).  This case discussed the powers of the internal administrative courts specifically in rulings which involve monetary relief.
What States and Jurisdictions Require Harassment Training for Employees?

24 June 2024

What States and Jurisdictions Require Harassment Training for Employees?

Author: Anthony Kaylin

On the ASE hotline, we are often asked which states and jurisdictions require harassment training.  Currently, Michigan does not.  We are still waiting to see what laws will be proposed before the end of year.  The election will likely influence activities by the legislature.

Attorney-Client Privilege – What HR Needs to know

18 June 2024

Attorney-Client Privilege – What HR Needs to know

Author: Anthony Kaylin

Attorney-client privilege is one of the most important tools for HR when dealing with risk. This privilege is a foundational legal principle for centuries and allows clients to discuss all legal issues without worrying that the conversation may come back to haunt the client. By having honest conversations, it allows the lawyer to best represent the client. However, the privilege does not protect the underlying facts that may be contained within the communication, just the communication with...
Understanding the EEOC’s Approach to Religious Accommodations

11 June 2024

Understanding the EEOC’s Approach to Religious Accommodations

Author: Anthony Kaylin

In Groff v. DeJoy, 600 U.S. 447 (2023), the U.S. Supreme Court raised the bar on denying religious accommodations from showing an "undue hardship" in making the accommodation to incur "substantial increased costs" compared to the normal costs of business.  Previously, an employer could show that de minimis increase of costs would be an undue hardship. 

Colorado Passes Artificial Intelligence Act

4 June 2024

Colorado Passes Artificial Intelligence Act

Author: Anthony Kaylin

Colorado’s governor signed the Artificial Intelligence Act, Senate Bill (SB) 24-205, on May 17, 2024. This law is a comprehensive AI law that follows the Equal Employment Opportunity Commission’s technical assistance documents, the Department of Labor’s recent guidance, the New York City automated employment decision tools law, Tennessee’s regulation of deepfakes, Illinois’ Artificial Intelligence Video Interview Act, and Maryland’s facial...
Categories: EverythingPeople, AI
Is HR Ready for AI?

28 May 2024

Is HR Ready for AI?

Author: Anthony Kaylin

Artificial intelligence (AI) is being embedded in HR tools without warning.  From applicant tracking to learning management systems, AI is becoming a staple of the HR arsenal.  Going back to the late 1990s and 2000s, big data analysis was the “thing.”  Degrees popped up, statisticians and/or statistical knowledge became a sexy and necessary requirement as internal databases became overwhelming. 

Categories: EverythingPeople, AI
When Diversity Goes Awry

21 May 2024

When Diversity Goes Awry

Author: Anthony Kaylin

Diversity, equity, and inclusion (DEI) has been a hot topic the past few years.  The diversity and inclusion part, not as much, but the equity aspect quite a bit.  The Harvard case was called an affirmative action case, but it had nothing to do with affirmative action.  It was a case about equity and access to Harvard.  The approach taken was a quota system, which is illegal under all laws.  Diversity is not about quotas, it’s about working together to provide...
OFCCP Issues AI Guidance

14 May 2024

OFCCP Issues AI Guidance

Author: Anthony Kaylin

As part of the requirements under Executive Order 14110, which called for U.S. government agencies, including the Department of Labor, to publish guidance for Federal contractors on the use of AI relating to nondiscrimination in employment decisions, the OFCCP released their guidance along with a landing page for the use of AI systems.  Although various pundits disagree as to the legality of the guidance, the guidance itself does not state anything that would be unexpected in the new AI...
Categories: EverythingPeople, AI
80,000 Fake Resumes Sent to 97 Large Organizations – What Happened?

7 May 2024

80,000 Fake Resumes Sent to 97 Large Organizations – What Happened?

Author: Anthony Kaylin

To test whether employers discriminate against job applicants based on perceived race based on names, economists with the University of California Berkeley and University of Chicago sent out about 80,000 fabricated resumes to 97 large employers using equivalent qualifications but different personal characteristics during the period of 2019-2021. They changed applicants’ names to suggest that they were white or Black, and male or female — Latisha or Amy, Lamar or Adam.
How to Prepare for the New U.S DOL Salary Threshold for Exempt Employees

30 April 2024

How to Prepare for the New U.S DOL Salary Threshold for Exempt Employees

Author: Anthony Kaylin

Last week, the U.S. Department of Labor Wage and Hour announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July 1, 2024. The final rule increases the standard salary level and the total annual compensation requirement for highly compensated employees (HCE).   It will have major implications for employers – especially those who have employees in other states...
Lateral Transfer Discrimination Defined

23 April 2024

Lateral Transfer Discrimination Defined

Author: Anthony Kaylin

In a unanimous 9-0 decision, a case decided last week changed the scope of how to view discriminatory actions of job or lateral transfers which seemingly have little to no impact on the employment opportunities of an employee.  Muldrow v. City of St. Louis No. 22-193 (2024) out of the 8th Circuit, asked the question: “Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant...
For NLRB Purposes, What is Concerted Activity?

16 April 2024

For NLRB Purposes, What is Concerted Activity?

Author: Anthony Kaylin

Although many nonunion employers do not see the National Labor Relations Board (NLRB) as impacting them, they are often surprised when an unfair labor practice charge (ULP) is issued against them.  These employers think the NLRB only protects union activity, but that’s not the case.  The NLRB protects all workers’ rights in the workplace and is the de facto union for nonunion workers.  Although in the past, ULPs have been fairly rare, they are rising today as...
Out of State Applicants Can Sue Under Employer State Law for Discrimination

9 April 2024

Out of State Applicants Can Sue Under Employer State Law for Discrimination

Author: Anthony Kaylin

The New York Court of Appeals ruled on March 14th that New York State discrimination laws apply to out of state applicants for jobs.  Specifically, the court stated that refusing to hire or promote someone to a job in New York for discriminatory reasons has an impact in the city or state and is covered by their anti-bias laws "because that is where the person wished to work."

Europe Has Established AI Regulatory Framework

2 April 2024

Europe Has Established AI Regulatory Framework

Author: Anthony Kaylin

On March 13, 2024, the European Parliament approved the EU Artificial Intelligence Act (the “AI Act”), which will be the world’s first comprehensive set of rules for artificial intelligence. “The AI Act has nudged the future of AI in a human-centric direction, in a direction where humans are in control of the technology and where it — the technology — helps us leverage new discoveries, economic growth, societal progress and unlock human potential,"...
Categories: EverythingPeople, AI
Here We Go Again – Are College Athletes Able to Organize?

26 March 2024

Here We Go Again – Are College Athletes Able to Organize?

Author: Anthony Kaylin

In the midst of the NCAA March Madness, a distraction is taking place.   A regional director for the National Labor Relations Board (NLRB) ruled last month that members of the Dartmouth men's basketball team are employees of the school. This ruling will allow the basketball team to organize under the NLRB rules, and they decided to join Service Employees International Union (SEIU). 

EEOC Component 2 Reporting Doesn’t Really Show Much

19 March 2024

EEOC Component 2 Reporting Doesn’t Really Show Much

Author: Anthony Kaylin

On March 12, 2024, the EEOC issued a press release and report stating, “Men are more likely to be in higher pay bands than women.”  This was the only meaningful statement in the report.  Specifically, the EEOC released a data dashboard featuring the first-time collection of 2017 and 2018 pay data reported by about 70,000 private employers and certain federal contractors with 100 or more employees each year, representing over 100 million workers. The dashboard contains a...
Are You Prepared for “New-Collar” Workers?

12 March 2024

Are You Prepared for “New-Collar” Workers?

Author: Anthony Kaylin

With employers dropping degree requirements, a new set of potential employees has emerged in the workplace: “New-Collar” workers.  According to the Harvard Business Review, many workers are unable to advance because they don’t have a bachelor’s degree and conversely cannot obtain the higher level, higher paying jobs.  Since the labor shortage is becoming acute, with an official unemployment rate of 3.9% nationally, and even lower in Michigan in many places,...
New York City’s AI Law is all Bark and No Bite

5 March 2024

New York City’s AI Law is all Bark and No Bite

Author: Anthony Kaylin

Last July, New York City (NYC) implemented its artificial intelligence reporting Law 144 for New York City Employers.  Specifically, the law requires employers to audit and notify candidates about the use of automated employment decision tools. 

What Do People Think of Affirmative Action Today?

27 February 2024

What Do People Think of Affirmative Action Today?

Author: Anthony Kaylin

Since the Harvard case before the U.S. Supreme Court that struck down preferences in admissions at universities, a Gallup study followed up on American’s views on the use of affirmative action in decision-making.  A Gallup Center on Black Voices survey found that about two in three Americans (68%) say that stopping the use of race and ethnicity in university admission decisions is “mostly a good thing.”

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.

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