Michigan’s Right-to-Work law effective February 13, 2024:  The Michigan legislature became the first state in almost 60 years to repeal its right-to-work law earlier this year. However, in doing so, the initiative did not have sufficient support to allow the repeal to be immediately effective. Most thought the repeal would not be effective until approximately March 30, 2024.  We now know it will be effective six weeks sooner than originally thought.

NLRB and OSHA sign MOU – watch out employers:  On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the agencies’ partnership to promote safe and healthy workplaces through protecting worker voice.” The MOU seeks to enable the NLRB and OSHA to “closely collaborate” by more broadly sharing...

State of Michigan funding apprenticeship programs for underrepresented: The Michigan Department of Labor and Economic Opportunity (LEO) has issued a Request for Proposals (RFP) encouraging organizations who can help provide underrepresented individuals with access to life-changing career pathways through Registered Apprenticeship to apply for funding from the Michigan Statewide Targeted Apprenticeship Inclusion and Readiness System (MiSTAIRS). Successful respondents to this RFP will become...

Healthcare policy costs rises 7%: The average annual premium for both employer-sponsored single and family health insurance coverage rose 7% in 2023, faster than last year but consistent with inflation and wage growth, according to a survey conducted by KFF and published in Health Affairs.  

Daylight Savings Time ends November 5: When clocks are turned back an hour in the early morning on November 5th, workers on the midnight shift at that time will actually work an extra hour. Assuming that these workers are nonexempt employees, meaning that they are governed by the Fair Labor Standards Act (FLSA), they must be paid for all hours worked.

Daylight Savings Time ends November 5: When clocks are turned back an hour in the early morning on November 5th, workers on the midnight shift at that time will actually work an extra hour. Assuming that these workers are nonexempt employees, meaning that they are governed by the Fair Labor Standards Act (FLSA), they must be paid for all hours worked.

Saying “thank you” may reduce turnover:  Research shows that expressing gratitude is easier and more impactful than many might expect. Putting your business's goals into practice starts with your employees, who work every day to make them a reality. They want to feel recognized and validated for their efforts

EEOC is getting aggressive this year:  With a democratic majority, the EEOC filed 143 discrimination lawsuits in its just-completed fiscal year—a 52% increase from the 94 reported last year, a spike in activity that employment attorneys predict will be exceeded this fiscal year.  Further, charges in last fiscal year increased 20%.  EEO compliance training should be a priority this coming year.

Is a highway shooting a recordable event for OSHA? In a recently published interpretation letter, a law firm asked OSHA whether a shooting injury sustained by its client's driver was work-related, and specifically if "a continuous string of unforeseeable third-party criminal acts that injured, killed, and/or affected the general public over the course of several hours [would] be sufficient to rebut the geographic presumption of work-relatedness?"

Do you have a moonlighting policy?  HR leaders are struggling as employees see just how far they can push the envelope in the absence of corporate policies. 48% of HR leaders reported having more employees working side gigs in 2023 compared to last year, according to a recent survey from software insight platform Capterra.

Illinois updates its Equal Pay Act effective Jan 1, 2025: Transparency legislation that requires employers to include pay ranges and benefits in job postings, expanding the state’s Equal Pay Act of 2003 law was signed by Governor Pritzker.

Federal Contractors be aware, new CSAL list is out: The Office of Federal Contract Compliance Programs (OFCCP) published the latest Corporate Scheduling Announcement List (CSAL) for supply & service contractors, which is comprised of 1,000 federal contractors and subcontractors. 

EEO-1 reporting starts October 31, 2023: The 2022 EEO-1 Component 1 data collection will open on Tuesday, October 31, 2023. The EEO-1 online Filer Support Message Center (i.e., filer help desk) will also be available on Tuesday, October 31, 2023, to assist filers with any inquiries they may have regarding the 2022 collection.

The EEO-1 Component 1 (demographic data collection) approved by OMB:  The White House Office of Management and Budget (OMB) has approved the U.S. Equal Employment Opportunity Commission’s (EEOC) request to extend “Component 1” of the annual Employer Information (EEO-1) Report. Interestingly, the extension is for only one year rather than the normal three-year approval. 

Weight discrimination is subtle and real: Weight stigma is rarely talked about at work, but it pervades workplaces everywhere, employees and hiring managers say. Looking back, Michelle Matthews said she often internalized co-workers’ comments about her weight. At one work lunch, a teammate remarked on how much she was eating. A higher-up told her she needed to “show up physically as a leader” after she failed to win a promotion. 

EEOC Commissioners up to a full complement: Kalpana Kotagal was sworn in as EEOC Commissioner last week.  Kotagal, a democrat, was nominated by President Biden on April 1, 2022, and was confirmed on July 14, 2023, to serve as Commissioner, for a term expiring July 1, 2027. Kotagal joins EEOC Chair Charlotte A. Burrows, Vice Chair Jocelyn Samuels, and Commissioners Keith E. Sonderling and Andrea R. Lucas on the presidentially appointed, bipartisan Commission. Kotagal’s swearing in...

What stresses employees out the most these days?  Are the good times coming to an end?  According to a new survey of 2,500 business professionals from recruitment firm Robert Walters, nearly half (45%) of employee stress is coming from a lack of job security. 

WTW salary budget survey shows 4% for 2024: Salary budgets for U.S. employees are expected to remain high in 2024 as employers become accustomed to ongoing labor market challenges. According to the latest Salary Budget Planning Survey by WTW, organizations are budgeting an average increase of 4.0% in 2024.

Senate confirms Kotagal for EEOC Commission:  The U.S. Senate narrowly confirmed Kalpana Kotagal, Cohen Milstein Sellers & Toll PLLC partner, to serve on the U.S. Equal Employment Opportunity Commission on July 13th, a long-awaited step that will give Democrats the majority at the five-seat agency for the first time under the Biden administration.

Hiring managers checking social media to create candidate profiles:  Nearly 75% of hiring managers responding to a recent survey said they check applicants’ social media, results from ResumeBuilder.com show.  The majority said they aim to obtain answers to questions they can’t ask job candidates; managers said they most often look for a worker’s age, political activity, gender identity, and marital status. 

EEO-1 reporting delayed again: Looks like it will now be sometime in the Fall.  Due to the Agency completing a “mandatory, three-year renewal of the EEO-1 Component 1 data collection by the Office of Management and Budget (OMB),” the opening has been further delayed.  Last year the reporting period began in April with a deadline of May 17, 2022.  A final opening date as well as the opening of the filing support Message Center will be posted to the EEO-1 Component...

Time to update your EEOC “Know Your Rights” poster: The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The PWFA requires employers to post a notice describing the various protections under the new law. Employers should remove their old EEOC “Know Your Rights” poster and replace them with the updated version found here. You can also order the poster from ASE’s partner, GovDocs.  Login to ASE website to get the member link.

Should I trust ChatGPT to price jobs?  Not yet.  In a test by EBN, they asked ChatGPT "What salary should I offer a software engineer in the U.S. with five years’ experience?" ChatGPT came back with $100,000 to $120,000 a year, and maybe more than $150,000 a year in high-cost cities such as San Francisco, New York, and Seattle.

Rap music supports harassment complaint: The U.S. 9^th Circuit Court of Appeals allowed a lawsuit to continue in which a hostile work environment by allowing explicit rap music to be played in a Nevada warehouse was one of the charges of the lawsuit.

Does FMLA cover holidays? A recent opinion letter by Wage and Hour Division (WHD) explains that, under the Family and Medical Leave Act, the employee’s normal workweek is the basis of the employee’s leave entitlement.