American Society of Employers
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.

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.”

The Rising Wage Gap: Workers' Struggle to Keep Up with Inflation

21 January 2025

The Rising Wage Gap: Workers' Struggle to Keep Up with Inflation

Author: Heather Nezich

As inflation continues to drive up the cost of living, workers are facing significant financial strain. According to the Monster 2025 Work Watch Report, 85% of workers are expecting salary increases to help offset the rising costs, but only 11% have received raises that match the pace of inflation, creating a substantial gap between expectations and reality. The impact of this disparity is being felt across the workforce, with many relying on savings and cutting back on non-essential...
ASE Releases Results to the 2025 Starting Salaries for Co-op Students and Recent College Graduates Survey

19 December 2024

ASE Releases Results to the 2025 Starting Salaries for Co-op Students and Recent College Graduates Survey

Author: Heather Nezich

Troy, MI – December 19, 2024 --- ASE, one of the nation’s oldest and largest employer associations, has released the 2025 Starting Salaries for Co-op Students and Recent College Graduates Survey this week. The annual survey provides a comprehensive look at the current state of wages and benefits provided to co-op students and recent college graduates.  The survey also presents employers with a snapshot of the recruitment and retention trends associated with these new...
PBMs Under Scrutiny

17 December 2024

PBMs Under Scrutiny

Author: Anthony Kaylin

PBMs or Pharmacy Benefit Managers are under the gun these days. PBMs are third party administrators for many types of drug care plans, especially those covering employers. PBMs earn revenues in a variety of ways. First, they collect administrative and service fees from the original insurance plan. Second, they can also collect rebates from the manufacturer. Third, and more controversial, they can resell drugs at a price higher that than the price negotiated with the manufacturer or...
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.

Pay Transparency in Focus: Navigating Compliance and Voluntary Adoption

10 December 2024

Pay Transparency in Focus: Navigating Compliance and Voluntary Adoption

Author: Kevin Marrs

Employers are increasingly grappling with the complexities of pay transparency as it reshapes recruitment, retention, and workplace equity. Recent studies from the Federal Reserve Bank of Minneapolis indicate that pay disclosure in job postings is growing, partly due to new legislation requiring employers to disclose pay ranges. However, pay disclosure is also expanding in areas where it is not mandated, suggesting that employers are embracing this change in response to unique challenges and...
Illinois Pay Reporting Starts January 1, 2025.  Are You Ready?

10 December 2024

Illinois Pay Reporting Starts January 1, 2025. Are You Ready?

Author: Anthony Kaylin

The Illinois Equal Pay Act (the "Act") is officially going live January 1, 2025.  It was passed in 2023 and amended several times. Employers in Illinois with 15 or more employees will be required to include pay and benefit information in all job postings both external and internal.    The following are specific provisions that must be complied with:

President’s Authority to Set Federal Contractor Minimum Wage Upended

3 December 2024

President’s Authority to Set Federal Contractor Minimum Wage Upended

Author: Anthony Kaylin

The U.S. Court of Appeals for the Ninth Circuit ruled in Nebraska v. Su, No. 23-15179 (9th Cir. Nov. 5, 2024) that the president lacks authority under the Federal Property and Administrative Services Act of 1949 to set a federal contractor minimum wage.  Initially, Arizona, Nebraska, Idaho, Indiana, and South Carolina brought suit in the U.S. District Court for the District of Arizona challenging enforcement of the contractor minimum wage. The district court had dismissed the suit...
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.

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). 
New Strategies for Employers as Healthcare Costs Set to Surge in 2025

29 October 2024

New Strategies for Employers as Healthcare Costs Set to Surge in 2025

Author: Emily Price

Recent surveys on healthcare have taught us one major thing – healthcare costs are expected to rise.  A survey completed by Willis Towers Watson reports that employers are seeking new strategies to manage rising health care costs, which are expected to grow by 7.7% in 2025. Instead of raising employee premiums, many companies are focusing on cost-saving measures like improving health plan designs and offering access to higher-quality care at lower prices. There is also a trend...
Second FLSA Exempt Level Salary Increase to Occur January 1st – A Couple of Ideas to Comply

21 October 2024

Second FLSA Exempt Level Salary Increase to Occur January 1st – A Couple of Ideas to Comply

Author: Michael Burns

Effective January 1, 2025, employers that wish to maintain the FLSA exemption for certain jobs will have to increase salaries from a minimum of $844/week/$43,888/yr, to $1,128/week/$58,656/yr. This next increase is obviously the bigger of the two regulatory changes and may compel some employers to choose not to increase the salary levels and in turn convert those positions to non-exempt. This will mean they will become overtime eligible, and certain recordkeeping activity will now be...
Economic Headwinds Lower Wage Forecasts

17 September 2024

Economic Headwinds Lower Wage Forecasts

Author: Emily Price

ASE recently released its 2024-2025 Salary Budget Survey, offering a comprehensive view of salary trends, pay structure adjustments, and incentive-based compensation programs among employers. This data provides key insights into the challenges businesses face in an uncertain economic environment.

Fifth Circuit Appeals Court Upholds DOL Salary Level Rules

17 September 2024

Fifth Circuit Appeals Court Upholds DOL Salary Level Rules

Author: Michael Burns

Earlier this year the U.S. Department of Labor (DOL) issued final regulations setting a new salary level test for determining job exempt status. To classify a job as exempt from overtime and certain record keeping compliance requirements, a job typically must meet three tests:

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