American Society of Employers - Michael Burns

EverythingPeople this week!

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

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What is a “Long Term Part-Time” (LTPT) Employee and Why Should You Care?

5 December 2023

What is a “Long Term Part-Time” (LTPT) Employee and Why Should You Care?

Author: Michael Burns

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.

UAW President Vows Increased Organizing Push on Non-union Auto and Supplier Companies

28 November 2023

UAW President Vows Increased Organizing Push on Non-union Auto and Supplier Companies

Author: Michael Burns

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.

Fifth Circuit Court of Appeals Knocks One of the Biden NLRB’s First Pro- Labor Rule Changes

21 November 2023

Fifth Circuit Court of Appeals Knocks One of the Biden NLRB’s First Pro- Labor Rule Changes

Author: Michael Burns

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.

Employers Can Address Employee Speech Made Outside of Work

14 November 2023

Employers Can Address Employee Speech Made Outside of Work

Author: Michael Burns

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.

Court Looks at Delivery Driver Expense Reimbursement Scheme

7 November 2023

Court Looks at Delivery Driver Expense Reimbursement Scheme

Author: Michael Burns

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.

Ford, GM, and Stellantis Start Settlement of UAW Strike with Tentative Agreements

31 October 2023

Ford, GM, and Stellantis Start Settlement of UAW Strike with Tentative Agreements

Author: Michael Burns

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.

How to Review Employee Handbook Policies Under New NLRB Scrutiny

24 October 2023

How to Review Employee Handbook Policies Under New NLRB Scrutiny

Author: Michael Burns

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.

UAW Continues to Press Its Demands and Call for More Strikes

17 October 2023

UAW Continues to Press Its Demands and Call for More Strikes

Author: Michael Burns

As the UAW strike enters its 5th week, Shawn Fain, UAW President, continues to call on more plants to strike and continues to increase pressure on the Detroit Three. Last week, Fain called on Ford’s Kentucky plant’s 8700 union workers to walk off the job having received Ford’s latest proposal at a meeting that Fain took just ten minutes to leave saying, “You just lost Kentucky Truck Plant.”

Non-compete Agreements Under Attack from Many Sides

10 October 2023

Non-compete Agreements Under Attack from Many Sides

Author: Michael Burns

Non-compete agreements, where employees agree that they will not go to work for another competing business or form a competing business that in turn increases the competition for the employer, have been around for a long time. Non-compete agreements typically specify a period of time the employee is barred from working for a competitor or going into business for themselves. They may also specify a geographic area that the non-compete prevents the person from working within. Scope and who is...
More Pregnant Worker Fairness Act Guidance

3 October 2023

More Pregnant Worker Fairness Act Guidance

Author: Michael Burns

Last Wednesday attendees at ASE’s Employment Law Briefing received excellent information about a myriad of pending and new employment and labor compliance issues including the recently enacted Pregnant Worker Fairness Act (PWFA). Among many recent employment and labor law developments, Anne-Marie V. Welch, Labor and Employment Partner at Clark Hill PLC addressed the PWFA. At about the same time last week EEOC legal counsel Carol Miaskoff was providing new information and guidance on...
UAW Labor Strike Fall-Out Concerns and Actions

26 September 2023

UAW Labor Strike Fall-Out Concerns and Actions

Author: Michael Burns

Businesses that may face their own fallout from the UAW strike against the Detroit Three should be cognizant of some resources and obligations. During ASE’s bi-weekly Conversations with Mike & Tony webinar, we asked the participants if they foresaw a direct impact from the strike in the next 30 days. 26% said they did, and the biggest percentage of those indicated the impact would be employee layoffs.

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.
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