American Society of Employers - Michael Burns
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.
National Labor Relations Board Again Tightens Its Grip on Definition of Independent Contractor

20 June 2023

National Labor Relations Board Again Tightens Its Grip on Definition of Independent Contractor

Author: Michael Burns

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.
RSS

Filter:

Filter by Authors

Position your organization to THRIVE.

Become a Member Today