American Society of Employers - Michael Burns

EverythingPeople This Week!

NLRB Joins Non-compete and Training Repayment Fray

19 September 2023

NLRB Joins Non-compete and Training Repayment Fray

Author: Michael Burns

Earlier this year the Federal Trade Commission (FTC) issued proposed rules prohibiting the use of non-compete agreements with most employees. Non-compete agreements restrict an employee from leaving an employer and taking another job – usually but not always – in the same business, for a specific period of time and within a limited geographic area. Historically the purpose of non-compete agreements was to protect confidential information about a business from being poached by a...
Employers and HR Professionals Will Need to Understand Changing NLRA Law Going Forward or Risk Labor Problems

12 September 2023

Employers and HR Professionals Will Need to Understand Changing NLRA Law Going Forward or Risk Labor Problems

Author: Michael Burns

As ASE has reported, the pro-union National Labor Relations Board (NLRB) is dramatically changing labor law tilting against union-free employers. The ongoing changes to labor rules and practice by the NLRB will make it much easier for unions to organize and also much easier for employers to break the law.

Categories: EverythingPeople
U.S. Department of Labor Announces New Proposed FLSA Salary Level Test

5 September 2023

U.S. Department of Labor Announces New Proposed FLSA Salary Level Test

Author: Michael Burns

As reported last week, on August 30, 2023, the U.S. Department of Labor (DOL) announced it is proposing a revised rule that will increase its Salary Level Test by revising part of the Exemption Tests in its regulations. To be classified as an exempt employee under the DOL regulations, the job must meet three tests as outlined by the FLSA regulations:

Union Election Rule Change Allows for Stepping Around Voters

29 August 2023

Union Election Rule Change Allows for Stepping Around Voters

Author: Michael Burns

Last week the National Labor Relations Board (NLRB) issued its long-anticipated decision in Cemex Construction Materials Pacific LLC and also issued a new rule changing union election procedures.

Auto Contract Talks Starting to Heat Up

22 August 2023

Auto Contract Talks Starting to Heat Up

Author: Michael Burns

With less than a month to go before the Big Three and the UAW labor contracts expire (September 14), the UAW is ratcheting up its negotiation rhetoric and posturing.

DOL Releases Proposed PWFA Pregnancy Protection Regulations

15 August 2023

DOL Releases Proposed PWFA Pregnancy Protection Regulations

Author: Michael Burns

Early last week the Department of Labor issued notice of proposed regulations that provide employers guidance on how to comply with the newly enacted Pregnant Workers Fairness Act (PWFA). The PWFA took effect June 27, 2023, and applies to employers with 15 or more employees.

NLRB Makes Handbook Policies Easier to Challenge as “Unfair” and an NLRA Violation

9 August 2023

NLRB Makes Handbook Policies Easier to Challenge as “Unfair” and an NLRA Violation

Author: Michael Burns

Not unexpectedly, last week the National Labor Relations Board (NLRB) changed its work rule test. The NLRB’s work rule test assesses whether particular employer policies (rules) illegally restrict workers’ rights. The Biden labor Board, now comprised of his appointees, and its General Counsel stated that since this Administration came into office, it would be reviewing many Trump-era labor rules and this rule in particular.

Employee Handbooks That Cover Unionized Workers Require Care

8 August 2023

Employee Handbooks That Cover Unionized Workers Require Care

Author: Michael Burns

It used to be inadvisable to cover unionized workers under the policies of an employee handbook. This was because the collective bargaining agreement was the policy/rule book for that set of employees. For some time now, some employers that have both union and non-union workers have included the union employees as covered by the handbook by including handbook disclaimer statements addressing this. The disclaimer statement would be put at the front of the handbook or many times throughout the...
New Report Details the Impact of Poorly Trained Supervisors

1 August 2023

New Report Details the Impact of Poorly Trained Supervisors

Author: Michael Burns

A leadership learning solutions organization out of San Francisco published results of a nationwide study (2,066 American adults) examining how first-time managers’ performance impacts their teams. Oji Life Lab engaged Harris Research to survey the impact first-time supervisors have on their subordinate employees and the impact that being untrained has on the first-time supervisors themselves.

Categories: EverythingPeople
USCIS Announces Updated I-9 Form and Remote Document Inspection Program

25 July 2023

USCIS Announces Updated I-9 Form and Remote Document Inspection Program

Author: Michael Burns

The U.S. Citizenship and Immigration Service (USCIS) announced that an updated Form I-9 will be available August 1, 2023. This will replace its Form I-9 that has been in use since October 2019.  Since November of 1986, employers hiring any person to perform labor or services in the United States must have a completed I-9 form on file for that employee.

Two New Federal Laws Compel Consideration of New Handbook Policies

18 July 2023

Two New Federal Laws Compel Consideration of New Handbook Policies

Author: Michael Burns

With the enactment of both the Pregnant Workers Fairness Act (PWFA) effective June 27, 2023, and the Nursing Mothers Act also known as the PUMP Act, covered employers should consider adding new policies to communicate compliance and inform employees what they are providing them as a result of those laws.

Process Mapping HR

11 July 2023

Process Mapping HR

Author: Michael Burns

Recently an article on process mapping, also known as workflow mapping, was brought to my attention and it reminded me that although process mapping is typically used for product manufacturing, engineering, or other organizational process improvement this organizational improvement tool can also improve human resource functions.

How to Handle Religious Accommodations After the Supreme Court Decision

30 June 2023

How to Handle Religious Accommodations After the Supreme Court Decision

Author: Michael Burns

Among the bevy of U.S. Supreme Court opinions handed down last week, the Court ruled on what the undue hardship standard should mean within the context of accommodation for religious practice and belief. HR will have to re-evaluate how they handle requests for religious accommodation.

Oversight of Teamsters Pension Funds by U.S. Ends After 40 Years

27 June 2023

Oversight of Teamsters Pension Funds by U.S. Ends After 40 Years

Author: Michael Burns

Readers may recall a previous article in the EPTW earlier this year talking about the incredible amount of money (billions) the government has provided to union pension funds in the way of special financial assistance provided through the Pension Benefit Guaranty Corporation (PBGC) as provided by the American Rescue Plan Act passed under the current administration in 2021.
National Labor Relations Board Again Tightens Its Grip on Definition of Independent Contractor

20 June 2023

National Labor Relations Board Again Tightens Its Grip on Definition of Independent Contractor

Author: Michael Burns

The issue of employee versus independent contractor classification is being looked at by many courts and agencies. We have been waiting for the U.S. Department of Labor to issue its regulations on independent contractor status for some time. States, including Michigan, are introducing legislation to address what an independent contractor is, and just last week the National Labor Relations Board (NLRB) ruled on a case looking to establish a stricter definition of independent contractor.
U.S. Supreme Court (SCOTUS) Says No to Striker Vandalism

13 June 2023

U.S. Supreme Court (SCOTUS) Says No to Striker Vandalism

Author: Michael Burns

With the National Labor Relations Board (NLRB) currently stretching union rights in every direction, earlier this month the U.S. Supreme Court put up a block against unlawful strike behavior. In an 8-1 decision the high Court said an employer may sue a union if they allowed their striking members to intentionally damage company property during a strike. This would seem to be a no-brainer but not in the world of labor.

Big Three Auto Contract Negotiations Are Coming This Fall

5 June 2023

Big Three Auto Contract Negotiations Are Coming This Fall

Author: Michael Burns

Every three years Detroit’s auto industry faces the “Auto Talks.” The Big Three and the United Auto Workers (UAW) will re-negotiate their contracts that are set to expire this September 14th.  This event not only impacts General Motors, Ford, and Stellantis NV but also impacts the suppliers and vendors that support auto production.

Keep Your Handbook Up to Date – Lactation and Remote Work Policies

30 May 2023

Keep Your Handbook Up to Date – Lactation and Remote Work Policies

Author: Michael Burns

With the passage of the PUMP Act last year employers with 50 or more employees should now consider including a policy addressing nursing mothers in the workplace. Employers under 50 in size may have an exemption but only if they can demonstrate that compliance for a particular employee causes undue hardship.

Two New Michigan Bills Introduce California’s Difficult to Meet ABC Contractor Test

23 May 2023

Two New Michigan Bills Introduce California’s Difficult to Meet ABC Contractor Test

Author: Michael Burns

Independent Contractors (IC) are now under threat in Michigan. Two Bills were introduced that would significantly reduce the number of independent contractors in this state. House Bill 4390 and 4391 brings California’s infamous ABC test to Michigan.

Detroit Tigers Face Race and Age Discrimination Claim for Termination of Clubhouse Manager

16 May 2023

Detroit Tigers Face Race and Age Discrimination Claim for Termination of Clubhouse Manager

Author: Michael Burns

The Detroit Tigers longtime Visiting Team Clubhouse Manager was let go in 2022 based on poor ratings received by visiting ball clubs going back to a 2017-2018 survey. The 58-year-old manager had been employed in that position for over 30 years, and his ratings during that tenure had been generally positive. The released manager is also African American and was replaced by a younger white employee.  John Nelson, the terminated employee, sued the Detroit Tigers for age and race...
I-9’s Completed Remotely (Virtually) During COVID Will Now Require In-Person Updating

9 May 2023

I-9’s Completed Remotely (Virtually) During COVID Will Now Require In-Person Updating

Author: Michael Burns

Last week the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced effective July 31, 2023, remote verification of I-9 documentation will no longer be allowed.

NLRB Continues to Extend Worker Protections Up to the Possible Violation of Civil Rights Law

2 May 2023

NLRB Continues to Extend Worker Protections Up to the Possible Violation of Civil Rights Law

Author: Michael Burns

On Monday a three-member panel of the National Labor Relations Board (NLRB) overturned a previous decision addressing employee misbehavior and will now examine outbursts and misbehavior of workers during different circumstances involving protected activity through a trio of tests. The tests applied will be “context specific” and will look at picket line activity, confrontation with supervisors or managers, and what is said on social media differently. (Lion Elastomers LLC 2023)
CEO Lambasts Staff Asking About Bonuses – Shows the Purpose of Bonus Programs are Sometimes Forgotten and Often Misunderstood

25 April 2023

CEO Lambasts Staff Asking About Bonuses – Shows the Purpose of Bonus Programs are Sometimes Forgotten and Often Misunderstood

Author: Michael Burns

Last week the CEO of MillerKnoll Inc. made some news for telling employees to leave “pity city” because they were concerned about whether they would receive any bonuses due to the fact it appeared the company would be short about $26 million toward their financial goal for the year. Ms. Andi Owen posted a video to her employees stating, “Spend your time and your effort thinking about the $26 million we need, and not thinking about what you are going to do if you don’t...
Pay Transparency May Come to Michigan

18 April 2023

Pay Transparency May Come to Michigan

Author: Michael Burns

Pay transparency is the employer practice of disclosing information about employee compensation standards to others — internally, externally, or both. States and municipalities across the country have enacted or are considering implementation of laws and ordinances that require employers to provide pay data information to the public when putting out hiring notices or when requested by candidates seeking employment.
Keep an Eye on Worker FLSA Exempt Classification This Year

11 April 2023

Keep an Eye on Worker FLSA Exempt Classification This Year

Author: Michael Burns

Employers should be prepared to review their exempt positions for proper Fair Labor Standards Act (FLSA) classification. Earlier this year, the U.S. Supreme Court ruled that despite an oil rig worker making over $200,000 a year and being a supervisor, that position was non-exempt and entitled to overtime pay for weeks worked in excess of 40 hours.

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