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.

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...

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:

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.

Charlene Carter was a flight attendant at Southwest.  She allegedly claimed that she was fired because she objected to her union's participation in a protest for which Planned Parenthood was a sponsor.  Prior to that, Carter sent repeated messages on social media to the president of Carter's flight attendant union, expressing outrage over the union president’s alleged pro-abortion beliefs. The union president attended the 2017 Women’s March in Washington, D.C....

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.

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.

The U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) issued final regulations on August 4, 2023, that essentially gut the 2020 rule on Predetermination Notices (PDN).  Essentially, the new rule takes out all transparency of the conciliation process. 

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...

It is crucial for employers to remain vigilant and up to date on the ADA's provisions to ensure they provide equal opportunities and accommodations for their employees. By understanding the ADA's requirements, employers can avoid unintentional discrimination and ensure that they provide reasonable accommodations to individuals enabling them to fully participate in the workforce. Failure to comply with the ADA can lead to costly and time-consuming litigation.

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.

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.

The Colorado legislature has passed the Ensure Equal Pay for Equal Work Act, amending the Equal Pay for Equal Work Act (EPEW) to clarify and enhance an employer’s obligations relating to the announcement of a promotional opportunity.  The effective date is January 1, 2024.  Why does this matter to Michigan employers?  Because Michigan is seemingly taking all of the progressive employment initiatives throughout the country and trying to pass them into law...

The Supreme Court ruled on June 30th in Creative LLC v. Elenis, No. 21–476 (6/30/23) that the First Amendment prohibits the state of Colorado, through its antidiscrimination statute, from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.  Although it is framed as a public accommodation case, this case, along with the Groff v. DeJoy, Postmaster General (600 U.S.___2023) religious accommodation case, may make it interesting...

Change is a constant, and that is certainly true in background screening laws. Some changes seem like common sense and are easy to apply, such as having a clear and concise disclosure form. Making sure that anyone giving permission for an employment background check understands what they are agreeing to is basic fairness, and unless an employer has some nefarious intent in mind for a background check, this should be an easy compliance item.

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.

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.

Anyone running an employment background check through a third party, such as a background screening company such as ASE and/or automated verification systems is considered a user of consumer reports and therefore must follow the requirements of the FCRA.

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.

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.

Be wary if terminating an employee due to “fit.”  In a case coming out of the U.S. Fourth Circuit Court of Appeals, the court found that the "not a good fit" approach may be a legitimate reason for termination, but many lawyers say this could lead to major liability for the employer.

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...

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.

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)

Remote work offers companies and employees more flexibility. We’re no longer limited by geography. Technology makes it easy to collaborate across the entire country. However, the complex issues that arise with out-of-state employees can be a barrier to nationwide hiring practices—and failure to comply can result in large fines and fees.