American Society of Employers

Press Releases

What Employers Need to Know About the DOL’s New Joint Employer Proposed Rule

5 May 2026

What Employers Need to Know About the DOL’s New Joint Employer Proposed Rule

Author: Anthony Kaylin

Although political fighting is at an all-time high in Washington DC, both parties are in agreement with tackling the joint employer conundrum.  The Department of Labor promulgated its proposed rule for joint employment. The regulation, titled Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act and Migrant and Seasonal Agricultural Worker Protection Act, contains guidance for when "horizontal" joint employment exists and four factors for...
What’s New - Michigan Youth Employment Law

28 April 2026

What’s New - Michigan Youth Employment Law

Author: Linda Olejniczak

Michigan has enacted significant updates to the Youth Employment Standards Act (YESA) that affects how employers hire, schedule, and manage employees under the age of 18. These changes were enacted through Public Act 196 of 2024 (House Bill 5594). HR professionals should focus on phased compliance following current rules now while preparing for substantial system and scheduling changes in 2026.

Update to the Implementation of the DEI Executive Order

28 April 2026

Update to the Implementation of the DEI Executive Order

Author: Anthony Kaylin

A memorandum dated April 17, 2026, directed to the Chief Acquisition Officers, et. al., by the Executive Order 14398 (EO 14398 or EO) of March 26, 2026, titled “Addressing DEI Discrimination by Federal Contractors” clarifies EO requirements that required a clause to be included in all federal contracts and subcontracts starting on April 25, 2026. EO 14398 specifically establishes that agencies should not do business with contractors that engage in any racially discriminatory...
Changes to I-9 Enforcement That Employers Need to Know

21 April 2026

Changes to I-9 Enforcement That Employers Need to Know

Author: Anthony Kaylin

The U.S. Immigration & Customs Enforcement (ICE) issued new rules regarding substantive and technical violations of Form I-9 on March 16. 2026. These rules have changed several technical violations into substantive violations.  The difference is the amount of the fine per day if the violations are found in an ICE audit. 

ADA Web and Mobile Accessibility Compliance – Are You Ready?

21 April 2026

ADA Web and Mobile Accessibility Compliance – Are You Ready?

Author: Linda Olejniczak

For organizations, the upcoming April 24, 2026, deadline tied to Americans with Disabilities Act (ADA) web and mobile accessibility compliance is more than a technical issue. It’s a workforce, risk, and inclusion priority.

Understanding USERRA and Employer Responsibilities for Military Leave

14 April 2026

Understanding USERRA and Employer Responsibilities for Military Leave

Author: Anthony Kaylin

With recent military activity involving Iran, some employees may be called to support armed forces operations. The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to nearly all employers, regardless of size, including the federal government, and is enforced by the U.S. Department of Labor, which investigates related complaints.

President Trump Issues New Executive Order on Illegal DEI

31 March 2026

President Trump Issues New Executive Order on Illegal DEI

Author: Anthony Kaylin

On March 26, 2026, President Donald J. Trump signed an Executive Order (EO) focused on the elimination of racially discriminatory “diversity, equity, and inclusion” (DEI) practices by federal contractors and their subcontractors, ensuring merit-based and efficient contracting and employment.  This Executive Order focuses specifically on race discrimination within DEI, aligning with the administration’s broader emphasis on nondiscrimination policies related to White...
Form I-9 Compliance in 2026: What to Do When a New Hire Doesn’t Show

24 March 2026

Form I-9 Compliance in 2026: What to Do When a New Hire Doesn’t Show

Author: Linda Olejniczak

Onboarding new employees can be a smooth, automated process these days, but it comes with a catch: the dreaded “no-show” hire. You’ve sent the offer, watched them complete online forms, even collected Section 1 of the I-9 and then… nothing. They never show up for their first day.

EEOC Issues Warning Letter to Fortune 500 Companies

17 March 2026

EEOC Issues Warning Letter to Fortune 500 Companies

Author: Anthony Kaylin

On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the chief executive officers, general counsel, and board chairs of 500 of the largest employers. These companies employ over 30 million workers and exert significant influence over the livelihood of millions of Americans. 

New Privacy Legislation and What it Means for Employers

17 March 2026

New Privacy Legislation and What it Means for Employers

Author: Susan Chance

Laws around employment background checks are constantly in motion. Employers must stay up to date with the changes, especially when they work in multiple states. What you can do in one state, and sometimes in one county, is not allowed in another state or county.

Employer Risk & Compliance Conference

11 March 2026

Employer Risk & Compliance Conference

Author: Heather Nezich

Join us for a high-level compliance and risk management conference designed for employers managing evolving regulatory requirements. The program focuses on what organizations must do to remain compliant across critical areas such as AI, DEI, immigration, job postings, wage and hour, and OSHA. Featuring national compliance experts, this conference is designed for risk managers, compliance officers, and leaders who oversee enterprise-wide risk and regulatory strategy. This event will be...
When a Termination is Followed by a Disability Claim

3 March 2026

When a Termination is Followed by a Disability Claim

Author: Linda Olejniczak

Terminations can become more complicated when an employee, during or after offboarding, claims the decision was based on a disability. These claims may involve cognitive conditions, such as autism or ADHD, or physical conditions, such as chronic pain or medical disorders. While these situations can feel high-risk, the legal framework for evaluating them is consistent and manageable when employers follow sound practices.

DOL Proposes New Independent Contractor Rule

3 March 2026

DOL Proposes New Independent Contractor Rule

Author: Anthony Kaylin

On February 27, 2026, the Department of Labor’s Wage and Hour Division issued a proposed rule to update the independent contractor rule and to rescind the previous administration’s rule.  The definition of an independent contractor has been long argued since the Fair Labor Standards Act (FLSA) was first passed in the 1930s.  The courts found that the FLSA never defined an independent contractor (IC) and as a result, a variety of court and federal administrative...
How Does the Trump Administration’s Reclassifying Marijuana Impact Employers?

24 February 2026

How Does the Trump Administration’s Reclassifying Marijuana Impact Employers?

Author: Anthony Kaylin

December 18, 2025, President Trump issued an Administrative Order directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act.  However, currently, marijuana is still a Schedule 1 drug until otherwise notified, and there are nuances that HR needs to be aware of.  

Growing Pains: The Compliance Risks That Come as Organizational Milestones are Reached

10 February 2026

Growing Pains: The Compliance Risks That Come as Organizational Milestones are Reached

Author: Lauren Cromie

So, your organization is growing? That’s great and something most organizations plan for; however, this accompanies legal requirements that creep up often faster than leaders expect. Employment laws, benefits requirements, and reporting obligations are frequently triggered by employee count, making growth an exciting but risky phase if compliance isn’t planned for in advance. Understanding which requirements apply at each stage of growth allows employers to prepare, avoid costly...
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