American Society of Employers - Anthony Kaylin
What Do People Think of Affirmative Action Today?

27 February 2024

What Do People Think of Affirmative Action Today?

Author: Anthony Kaylin

Since the Harvard case before the U.S. Supreme Court that struck down preferences in admissions at universities, a Gallup study followed up on American’s views on the use of affirmative action in decision-making.  A Gallup Center on Black Voices survey found that about two in three Americans (68%) say that stopping the use of race and ethnicity in university admission decisions is “mostly a good thing.”

The Decline of Vertical Career Paths: A Shift Towards Horizontal Growth

20 February 2024

The Decline of Vertical Career Paths: A Shift Towards Horizontal Growth

Author: Anthony Kaylin

In the past, a vertical progression was the ideal career path for many, especially when it came to salary increases and standards of expected living.  Today, the tides have changed.  Many employees don’t want to become managers.  In fact, often, organizations don’t particularly support their managers.  If bad times occur, managers are often the first to be blamed and could be the first out the door. 

Don’t Discriminate Against Generation Z

13 February 2024

Don’t Discriminate Against Generation Z

Author: Anthony Kaylin

As Gen Z continues to assert its presence in the workforce, marked by its diverse composition and unapologetic advocacy, employers are urged to recalibrate their approaches and expectations to foster a more inclusive and productive work environment for all generations.

Federal Contractors Will be Required to Comply with Pay Transparency Requirements by End of Year

6 February 2024

Federal Contractors Will be Required to Comply with Pay Transparency Requirements by End of Year

Author: Anthony Kaylin

On January 30, 2024, the Administration proposed to publish a preliminary rule that would create a series of actions designed to support equal pay activities for workers of federal contractors and agencies as set forth by Executive Orders 14035 and 14069.  Essentially, the rule would prohibit federal contractors and subcontractors from seeking and considering salary history when setting compensation and will require pay range disclosures in certain job...
Is Changing the 401K to an RBA a Good Idea for Employers?

30 January 2024

Is Changing the 401K to an RBA a Good Idea for Employers?

Author: Anthony Kaylin

Some organizations are changing from a 401k plan to RBA. IBM is one such organization that is changing its traditional 401K plan to a new approach.  IBM currently matches the first 5% of salary that employees contribute to their 401(k) accounts, dollar for dollar, and provides an automatic 1% contribution for a total of 6%.  Instead, it will offer a secondary plan. 

Misgendering in the Workplace

23 January 2024

Misgendering in the Workplace

Author: Anthony Kaylin

With gender identification becoming more fluid, there is an inherent conflict of how to identify a fluid gender employee while respecting religious beliefs.  As a result, there are more court cases filed to protect one right with a defense of the other right leaving employers in the middle and on edge at times.  This tension can cause disruptions to the culture and to productivity if not addressed properly, whatever that may mean.

Are You Using Job Codes to Steer Employees?

16 January 2024

Are You Using Job Codes to Steer Employees?

Author: Anthony Kaylin

In November 2023, a lawsuit was filed against Amazon based on equal pay in which women are paid less than men performing the same or comparable work.  The lawsuit also alleges discrimination in promotions and retaliation against anyone who complains. 

Colorado Develops More Stringent Requirements for Pay Transparency in 2024

9 January 2024

Colorado Develops More Stringent Requirements for Pay Transparency in 2024

Author: Anthony Kaylin

Employers with employees in Colorado must comply with recent amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that became effective January 1, 2024.  While offering benefits such as cut off dates for applications, it creates more work for HR because it may not be able to standardize completely the new regulations’ requirements.

Expect Union Organizing to be Speedy in 2024

2 January 2024

Expect Union Organizing to be Speedy in 2024

Author: Anthony Kaylin

On December 26, 2023, representation case procedures changed under a rule published in August 2023 by the National Labor Relations Board (“NLRB”).  Essentially, the rule is reimplementing the 2014 Obama era “Quickie Election” rules.  

Will an EEO Case Upend Affirmative Action?

19 December 2023

Will an EEO Case Upend Affirmative Action?

Author: Anthony Kaylin

A case was argued last month before the Supreme Court, Muldrow v. City of St. Louis No. 22-193 out of the 8th Circuit, which asked the question: “Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?”  It should have been an easy case.

What is an Undue Hardship for Denying a Religious Accommodation?

12 December 2023

What is an Undue Hardship for Denying a Religious Accommodation?

Author: Anthony Kaylin

Earlier this year, the U.S Supreme Court, in Groff v. DeJoy, Postmaster General (600 U.S ______ 2023), redefined the requirements of “undue hardship” in a religious discrimination context and held that it means more than just a “de minimis” burden on the employer. Using the term de-minimis cost is “substantial in the overall context of an employer’s business.”

Can a 401k Plan Offset Future Employer Contributions?

5 December 2023

Can a 401k Plan Offset Future Employer Contributions?

Author: Anthony Kaylin

The use of forfeitures to offset employer contributions is well established and is explicitly permitted under treasury regulations and is consistent with Department of Labor guidance.  So why is this approach an issue now?

A Pay Transparency Law That Went Array

28 November 2023

A Pay Transparency Law That Went Array

Author: Anthony Kaylin

The State of Washington has been a leader in pay transparency law.  The Equal Pay and Opportunities Act prohibits gender pay discrimination by addressing business practices that contribute to income disparities between genders.  Further, all pay ranges and benefits for a job advertisement must be in the posting.   Specifically, a “posting” is defined as any solicitation, including recruitment done directly by an employer or indirectly through a third...
Is Loneliness Impacting Your Workplace?

21 November 2023

Is Loneliness Impacting Your Workplace?

Author: Anthony Kaylin

With remote work and the new reality of the workplace since the pandemic, employee loneliness has grown dramatically. Studies show that loneliness brings health problems, reduced productivity, turnover, and burnout. A BetterUp report demonstrates how the pandemic fractured workplace relationships — with 43% of respondents saying they don’t feel a connection to their coworkers.  Some 38% said they don’t trust their coworkers, and 22% said they don’t have a single...
President Biden Issues Executive Order on AI – What You Need to Know

14 November 2023

President Biden Issues Executive Order on AI – What You Need to Know

Author: Anthony Kaylin

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO).  The EO is a sweeping directive to government agencies to coordinate on all aspects of AI.  As the EO states in Section 1:
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