American Society of Employers
A Basic Primer for Filing the EEO-1 Report

20 May 2025

A Basic Primer for Filing the EEO-1 Report

Author: Anthony Kaylin

The EEO-1 portal opened yesterday, May 20, 2025, and covered employers will have until June 24, 2025, to submit their reports. The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria to submit workforce demographic data, including data by job category, sex, and race or ethnicity to the EEOC.   
Handbook Review and Update Tip – Concerns Around a Probationary Period for Non-union, At-Will Employers

20 May 2025

Handbook Review and Update Tip – Concerns Around a Probationary Period for Non-union, At-Will Employers

Author: Michael Burns

ASE reviews numerous employee handbooks each year. We recommend that employers review their handbook at least annually to ensure it remains compliant and accurately reflects the organization’s current practices and policies.

Policies Prohibiting Audio and Video Recordings by Employees May Violate the NLRA

13 May 2025

Policies Prohibiting Audio and Video Recordings by Employees May Violate the NLRA

Author: Michael Burns

Policies that prohibit recording or taking pictures or video recordings in the workplace are still pretty common in handbooks. Employers may have valid reasons for implementing these policies, such as preventing the capture of confidential or proprietary business information.

Federal Enforcement Agencies Moving Away from Disparate Impact Theory

13 May 2025

Federal Enforcement Agencies Moving Away from Disparate Impact Theory

Author: Anthony Kaylin

Disparate impact is a difficult method to prove discrimination.  Generally, it is a practice or policy that is neutral on its face yet has significant impact on an affected party. The disparate impact analysis was first discussed in Griggs v. Duke Power, 401 U.S. 424 (1971), which held that Title VII “proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation”. In 1991, Congress amended Title VII to add Section 703(k),...
Update: Independent Contractor Classification Regulatory and Legislative Activity

6 May 2025

Update: Independent Contractor Classification Regulatory and Legislative Activity

Author: Michael Burns

Last week the U.S. Department of Labor (DOL) announced (5/1 Field Assistance Bulletin) it will stop enforcing its Biden-era regulations on determining what an independent contractor (IC) is and go back to a standard set in mid-2008. The Biden-era rule laid out six criteria to determine independent contractor status. This rule made it harder to classify a worker as an independent contractor.

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:

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?
How the Newly Nominated Solicitor to U.S. DOL May Impact Labor Laws

15 April 2025

How the Newly Nominated Solicitor to U.S. DOL May Impact Labor Laws

Author: Anthony Kaylin

President Trump nominated Jonathan Berry to be the next Solicitor of the U.S. Department of Labor (USDOL).  Jonathan Berry is a managing partner at Boyden Gray PLLC and a member of the Federalist Society, a conservative legal group.  He is also the author of Chapter 18 of Project 2025’s treatise Mandate for Leadership, which focuses on labor department priorities and activities.
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...
New Role for OFCCP: DEI Snoop Dogs

1 April 2025

New Role for OFCCP: DEI Snoop Dogs

Author: Anthony Kaylin

Although Executive Order 11246 is revoked, the Office of Federal Contract Compliance Programs (OFCCP)is still finding relevance.  Section 4212 (VEVRAA) and Section 503 (Disabled) Affirmative Action Plans (AAPs) are required by regulation, and OFCCP has stated that the agency will resume audits of these plans at some point.  More recently, with a new Director in place, the OFCCP may be the first line of attack against federal contractor Diversity, Equity, and Inclusion (DEI)...
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)

EEOC Reverses Biden Era Gender Approach

18 March 2025

EEOC Reverses Biden Era Gender Approach

Author: Anthony Kaylin

The EEOC on January 29th issued a statement that called for the reversal of former President Biden’s gender approach to EEOC complaints and investigations.  Specifically, Executive Order 14166, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directed federal agencies to enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct...
Ensuring Compliance with ADA Employment Regulations

11 March 2025

Ensuring Compliance with ADA Employment Regulations

Author: Linda Olejniczak

The Americans with Disabilities Act (ADA) is a pivotal law that prohibits discrimination against individuals with disabilities in various aspects of employment. To remain compliant, employers must adhere to essential guidelines covering hiring, workplace policies, job accommodations, and employment conditions. Below is a comprehensive breakdown of ADA compliance requirements.

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...
The AI Witness: Staying Compliant with Recording Laws as Technology Advances

4 March 2025

The AI Witness: Staying Compliant with Recording Laws as Technology Advances

Author: Lauren Cromie

As the rapid growth of AI in the workplace continues, many employees and employers are utilizing AI notetaking tools and meeting recording and transcribing software. Although these are great tools, there are some legal concerns and steps employers should take to remain compliant with their state and federal recording laws.

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