American Society of Employers - Michael Burns
Sixth Circuit Case Continues the Narrowing of FLSA Salary Basis Exemption Test

29 April 2025

Sixth Circuit Case Continues the Narrowing of FLSA Salary Basis Exemption Test

Author: Michael Burns

For many positions to be exempt under the Fair Labor Standards Act (FLSA) it must meet three tests to be Executive, Administrative, or Professional (EAP) exempt. Exempt positions do not have to be paid overtime at time and one-half (1.5x) or keep records of hours worked. The three exemption tests are:

Unions Within Unions. NLRB Finds Unions Who are Also Employers Violate Labor Law Too.

22 April 2025

Unions Within Unions. NLRB Finds Unions Who are Also Employers Violate Labor Law Too.

Author: Michael Burns

As a life-long employer advocate, I have to admit to the feeling of schadenfreude when I hear of the always sanctimonious unions getting caught violating the National Labor Relations Act (NLRA) with their own employees. Unions love to catch and hold employers up as unfair when they allegedly violate labor law so it’s somewhat satisfying to see them reap what they sow.

What Employers Can Expect to See with New OSHA Leadership

15 April 2025

What Employers Can Expect to See with New OSHA Leadership

Author: Michael Burns

Last month in our March 21st Conversations with Mike and Tony, along with some recent changes to OSHA penalties and recent data on job injuries, we also talked about the fact that David Keeling was nominated by President Trump to head the Occupational Safety and Health Administration (OSHA). His confirmation by the Senate is still pending, but what might Mr. Keeling consider changing?
USERRA Amended by New Law Expanding Veteran Benefits and Healthcare

8 April 2025

USERRA Amended by New Law Expanding Veteran Benefits and Healthcare

Author: Michael Burns

This past January President Biden signed the 21st Century Veterans Healthcare and Benefits Improvement Act. This new law expands protections under the Uniformed Services Employment and Reemployment Act, more commonly known as USERRA (passed in 1994). USERRA is the basis for many employers’ Military Leave policies. USERRA prohibits employers from discriminating against, harassing (allowing) or retaliating against veterans and service members, and provides reemployment and other rights...
Youth Employment in Michigan – Preparing to Offer a Summer Job to a Minor

1 April 2025

Youth Employment in Michigan – Preparing to Offer a Summer Job to a Minor

Author: Michael Burns

Summer is approaching fast. Many employers employ minors during their summer break from school. Employers should keep in mind that youth employment generally requires a work permit – even when school is on summer break. If you have work for a person 17 years or younger, be aware of the employer’s obligations under the Youth Employment Standards Act. (1978 PA 90, MCL 445.106)

Employer Wins Discrimination Retaliation Case

25 March 2025

Employer Wins Discrimination Retaliation Case

Author: Michael Burns

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. 

Benefits of the Return to the Office Trend

18 March 2025

Benefits of the Return to the Office Trend

Author: Michael Burns

Increasingly, employers are requiring employees to return from remote work. The business benefits cited most often include strengthening the organization’s culture and increasing productivity. CCH HR Insights reports on a recent Express Employment Professional-Harris Poll survey that cited workplace friendships could be an “accelerator” to moving employees back to the office.

Republican Introduces Pro-Labor NLRA Amendment Legislation

11 March 2025

Republican Introduces Pro-Labor NLRA Amendment Legislation

Author: Michael Burns

Some recent developments are offering a glimpse of what the bizzarro world of the Republican Trump administration and his union support looks like. Most recently, is UAW President Shaun Fain giving warm public kudos to President Trump over his tariff initiatives; second is the incoming Labor Secretary who is also a Republican but supported the radical PRO Act that is being reintroduced again; and thirdly, is new labor legislation introduced just last week that would shorten the time between...
A Recap of ESTA and Minimum Wage Amendments

4 March 2025

A Recap of ESTA and Minimum Wage Amendments

Author: Michael Burns

Late into the evening on Thursday February 20th, just before the Earned Sick Time Act and Minimum Wage Act were to take effect, the Michigan Legislature amended the two laws. The amended laws were brought about by two ballot initiatives in 2017 and 2018 that were passed by the Legislature and signed by Governor Snyder at the end of their terms. This “adopt and amend” action was found unconstitutional by the Michigan Supreme Court last summer. The Court ruled that the original two...
BLS Reports 2023 Workplace Fatalities

7 January 2025

BLS Reports 2023 Workplace Fatalities

Author: Michael Burns

As 2024 ended, the Bureau of Labor Statistics (BLS) published its annual report on workplace fatalities and injuries that occurred the prior year (2023). There was a total of 5,283 workplace deaths that year. Fatalities dropped 3.7% from 2022. This report provides a lot of details, some of which we report below. More complete information is available at the BLS website.

Michigan Legislature Wraps Up its 102nd Session – Fortunately, Many Anti-Employer Bills Were Left Behind

17 December 2024

Michigan Legislature Wraps Up its 102nd Session – Fortunately, Many Anti-Employer Bills Were Left Behind

Author: Michael Burns

Michigan’s 102nd legislative session is scheduled to end January 8, 2025. However, the House seems to have adjourned for the year and there are just a couple more days that the Senate is scheduled to be in session.

Navigating Michigan’s Paid Sick Leave (ESTA) and Other State Laws: A Guide for Multi-State Employers

10 December 2024

Navigating Michigan’s Paid Sick Leave (ESTA) and Other State Laws: A Guide for Multi-State Employers

Author: Michael Burns

Michigan is not alone with its paid sick time law. As you wrestle to prepare a new policy to meet Michigan’s Earned Sick Time Act (ESTA), take heart that currently there are16 other states as well as the District of Columbia that require employers to provide some form of paid sick leave to their employees.

How ASE Members Are Responding to Court Decision Striking Down DOL’s New Salary Level Test

3 December 2024

How ASE Members Are Responding to Court Decision Striking Down DOL’s New Salary Level Test

Author: Michael Burns

Last month the Federal Court in East Texas vacated the U.S. Department of Labor’s (DOL) salary level test regulations. This DOL rule had moved the weekly salary level test to $844/week ($43,888/yr.) as of July 1st this year and had scheduled a second increase that would have taken the salary level test up to $1,128/week or $58,656/yr. on January 1, 2025.

NLRB Bans Captive Audience Meetings and Employer Free Speech

26 November 2024

NLRB Bans Captive Audience Meetings and Employer Free Speech

Author: Michael Burns

Two National Labor Relations Board (NLRB) decisions earlier this month continue the Biden Administration’s and the NLRB’s war against employer rights. The NLRB held in Amazon.com Services LLC (11/13/24) that employers violate worker rights when they require employees to attend meetings (even while being paid) to hear the employer’s side in a union organizing campaign. The second anti-employer decision the NLRB handed down this month held that employers commit an unfair...
Federal Eastern District of Eastern Texas Strikes Down 2024 Salary Level Test. FLSA Salary Level Test Reverts to $684/week.

19 November 2024

Federal Eastern District of Eastern Texas Strikes Down 2024 Salary Level Test. FLSA Salary Level Test Reverts to $684/week.

Author: Michael Burns

On Friday the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2024 Exempt Employee Salary Level test (White-Collar tests) which had increased the salary level to $844/week ($43,888/yr) in July of this year with a scheduled second increase to $1,128/week ($58,656/yr) January 1, 2025. This ruling returns the salary level test to the level it was before July 1st – $684/week ($35,568/yr). 
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