In a recent case decided by the Sixth Circuit Court of Appeals (Michigan is in this district), the Plaintiff worked at a social services agency as their Director of Social Services. She had recently been hired and raised several complaints about management, including concerns that patient care and staff performance were inadequate. Over time, her internal concerns grew and eventually reached the Agency’s Executive Director. 

Employers are increasingly grappling with the complexities of pay transparency as it reshapes recruitment, retention, and workplace equity. Recent studies from the Federal Reserve Bank of Minneapolis indicate that pay disclosure in job postings is growing, partly due to new legislation requiring employers to disclose pay ranges. However, pay disclosure is also expanding in areas where it is not mandated, suggesting that employers are embracing this change in response to unique challenges and...

A Code of Conduct is essential for organizations to establish a framework of ethical behavior and compliance expectations for employees. It serves to promote integrity, transparency, and accountability, guiding employees in their decision-making and actions. A well-crafted Code of Conduct can mitigate risks, enhance organizational culture, and foster trust among stakeholders. Key components typically include sections on ethical behavior, compliance with laws, conflict of interest, reporting...

SAFE leave is becoming more prominent as domestic violence and crimes against women are more widely reported.  One in four women and one in nine men experience severe intimate partner violence in their lifetime, according to the National Coalition Against Domestic Violence. Over 47% of women have encountered sexual violence, physical violence, or stalking by an intimate partner during their lifetime as reported by Break the Cycle.  More than 16 million people in the U.S. suffer...

Natural disasters cause significant disruption to both businesses and employees. As hurricanes, wildfires, floods, and other catastrophes become more frequent, it’s crucial for employers to have a Natural Disaster Leave Policy in place. Such a policy helps organizations navigate the challenges of managing employee leave while ensuring legal compliance and supporting their workforce. Key components include:

With election day approaching on November 5, Michigan employers should be prepared to handle requests from employees seeking time off to vote. Although Michigan does not have a specific law mandating voting leave, employers can play a critical role in encouraging civic participation by creating policies that allow employees to exercise their right to vote.

ESG stands for Environmental, Social and Governance. These are policies that companies are being asked to adopt that are “strategic frameworks that guide businesses in managing their environmental footprint, fostering social responsibility, and upholding strong governance practices.”

A year ago, the National Labor Relations Board (NLRB) by party lines ruled to ramp up its scrutiny of workplace rules.  The NLRB ruled that employer handbook policies violate the National Labor Relations Act if they have a "reasonable tendency" to dissuade workers from engaging in organizing activity, such as making workplace recordings and discussing concerns with colleagues.  Many employers are under the mistaken belief that the National Labor Relations Act only covers...

An unmarried partner (regardless of whether a man or woman) of a mother giving birth is becoming more and more common these days. Although state or local law may provide specific time off for a partner for pregnancy, the Family Medical Leave Act (FMLA) works slightly differently. Employers need to ensure that their policy supports the FMLA approach. The following case demonstrates how to handle the situation as PTO, FMLA, and wage and hour issues could arise.

Last week the Michigan Supreme Court ruled that the "adopt and amend” enaction of our current minimum wage and paid medical leave was unconstitutional. This means that PA 337 and PA 338, the original ballot initiatives of 2018, will take effect February 21, 2025. It also means larger employers that adopted paid time off benefits compliant with the amended law will have to modify their paid time off policies to comply with the originally passed law. It also means small employers,...

With the ubiquity and convenience of online gambling, are employer “no gambling” rules a bit anachronistic? Maybe so. In conducting an informal survey of just under 50 employee handbooks reviewed by ASE in the last four years, a no gambling policy or rule was found in 25% of those handbooks. Typically, this rule was buried deep in a general rules or standards of conduct policy.

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...

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...

Organizations can improve the work-life balance of their employees by training line managers in work-life support. This training reduces burnout in employees who have little control of when or where they work and increases family engagement of employees who have high work-life flexibility.

Companies often face the challenging task of workforce optimization, which may involve layoffs or downsizing. While these decisions are never easy, offering outplacement services can provide many benefits for both employers and employees. There are advantages of embracing outplacement services as a beneficial approach to employee transition during layoffs.

While it seems like elections and politics have been on-going rather than every two or four years, we are now entering the actual election year, and employers should prepare themselves to address possible employee dissent, rancor, or worse.

As more states and cities make marijuana legal in some format, we can expect drug testing laws to change, and they are. It should not be a surprise that California has already put a new law in place as of January 1, 2024.

A recent report from The Best Place for Working Parents® and Southern Methodist University's Center on Research and Evaluation (CORE) highlights the advantages of family-friendly policies, revealing their positive impact on both working parents and businesses' overall performance.

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.

In the past, employers did not actively surveil employees except in two major areas.  First, the internet.  Employers had to make sure that employees were not going to illicit sites.  Second, on factory floors.  For many, insurance coverage played a role in filming employee activity in case of accidents and other like activities.  There is also recording of calls for customer service, for example, that are stated to be used for training purposes. 

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.

Now that marijuana has been legalized for recreational use in Michigan and 23 other states and all 50 states have legalized some form of use – from CBD oil only to medical marijuana to fully legalizing use – employers are wondering if they should continue to have applicants/employees submit to drug tests.

HR professionals are continually seeking ways to cut expenses, enhance operational efficiency, and uphold productivity. When it comes to onboarding procedures, the transition to a paperless approach emerges as a strategic way to realize these objectives. Below, we examine the advantages of paperless onboarding.

In a March report released by the Pew Research Center, it was revealed that in 2022, women in the United States typically earned 82 cents for each dollar earned by men in similar roles. This statistic remained stagnant when compared to the year 2002 when women earned 80 cents on the dollar. The slow pace of narrowing the gender pay gap in the 21st century stands in stark contrast to the considerable progress made in the preceding two decades. In 1982, women were earning a mere 65 cents for...

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.