American Society of Employers - Michael Burns
Happy Valentines Day – Have You Reviewed Your Fraternization/Workplace Romance Policy Lately?

18 February 2025

Happy Valentines Day – Have You Reviewed Your Fraternization/Workplace Romance Policy Lately?

Author: Michael Burns

With the passing of Valentines Day last week, it makes some sense to review and discuss employer fraternization policies. Does your organization have such a policy? Many employers do not. Those that do, have a range of policies on office romance. Some policies (anti-fraternization) prohibit all forms of romantic or personal relationships in the workplace. Some anti-fraternization policies only restrict (understandably) relationships between supervisors and subordinates. More “romance...
Guidelines for Non-Exempt Travel Time Pay

11 February 2025

Guidelines for Non-Exempt Travel Time Pay

Author: Michael Burns

Non-exempt/hourly employees that travel on behalf of their employer may incur hours worked and must be paid for travel time. Last week, the U.S. Third Circuit Court of Appeals rendered a decision finding home health aides should have been paid for time traveling between client homes. This is reported to cost them $7million.

Union Rates Continue to Decline as a Percentage of Total U.S. Workforce

4 February 2025

Union Rates Continue to Decline as a Percentage of Total U.S. Workforce

Author: Michael Burns

Each year the Bureau of Labor Statistics (BLS) releases their data on union “growth” rates. For decades, the rate has declined and continued to do so in 2024. Last week the BLS reported that the number of unionized workers as a percentage of the total workers (both private and public employment) fell to 11.1%. In fact, the unionization rate fell for both the private sector and government workers in comparison to 2023.

As More Employers Implement Return to Work Keep an Eye Out for Problems

28 January 2025

As More Employers Implement Return to Work Keep an Eye Out for Problems

Author: Michael Burns

Last week President Trump ordered federal workers back into the office. His Executive Order directed federal agency leaders to “as soon as practicable” take “all necessary steps” to end remote work arrangements. This executive order is only applicable to federal workers. Private employers, even those that are federal contractors or subcontractors are not covered by this executive order. But this may continue to create impetus for private employers to start doing more...
U.S. Supreme Court Sets Evidentiary Bar for Proving FLSA Exemptions

21 January 2025

U.S. Supreme Court Sets Evidentiary Bar for Proving FLSA Exemptions

Author: Michael Burns

Last week the U.S. Supreme Court unanimously ruled that the proper evidentiary standard of proof for Fair Labor Standards Act (FLSA) cases is a “preponderance of the evidence” – not the higher standard of “clear and convincing evidence.”

2025 Handbook Updates: Navigating New Employment Laws

14 January 2025

2025 Handbook Updates: Navigating New Employment Laws

Author: Michael Burns

As we enter a new year and as should be done at least once a year, HR professionals should be reviewing their employee handbooks and policies to ensure they remain up to date and legally compliant. Over the past four years the Democrat administration in Washington and here in Michigan passed new employment and labor laws and published new regulations reflecting a more pro-worker focus. Going forward the new Republican administration and Congress in Washington will no doubt put out different...
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). 
Election 2024 – “Consequences” Prognostications for Employment and Labor

12 November 2024

Election 2024 – “Consequences” Prognostications for Employment and Labor

Author: Michael Burns

“Elections have consequences.” Ever since that was said by the then newly elected President Barack Obama (it may have been said before that, but that is the first time this author heard it), it has always seemed more of a threat than anything else, and it was just recently heard again from the Trump side, and if nothing else, it warns of change.

Government Continues Bailouts of Union Pension Funds

5 November 2024

Government Continues Bailouts of Union Pension Funds

Author: Michael Burns

Over the past few years, the federal Government has been giving tax dollars to failing union pension funds. We have written on this in the past, and the practice is continuing up through today (Failing Union Pension Funds Getting Huge Influx of Money from the PBGC. EPTW 2/7/2023). Last Friday the Pension Benefit Guaranty Corporation (PBGC) announced four more union pension funds that will receive upwards of $811.6 million. This latest tranche of money is going to four unions that for various...
Constitutional Challenges to NLRB Run into Roadblock Right Here in Michigan

29 October 2024

Constitutional Challenges to NLRB Run into Roadblock Right Here in Michigan

Author: Michael Burns

For some time now the National Labor Relations Board (NLRB) has been facing questions from employers and others about its authority based upon the way it is structured as a government agency. There are various lawsuits around the country challenging the existence of the NLRB because its system of adjudication is seen as possibly unconstitutional. Last week, in a case brought on the west side of Michigan, a federal judge ruled that the NLRB’s protection of its judges under “just...
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