American Society of Employers
New H-1B Rules Now in Effect

11 February 2025

New H-1B Rules Now in Effect

Author: Anthony Kaylin

The U.S. Department of Homeland Security issued a final rule updating H-1B visa eligibility requirements and other changes. They say it will give employers greater flexibility in employing skilled foreign workers.  The new rule took effect January 17, 2025.  This rule is a follow-up of the 2023 proposed rules to modernize the H-1B process and definitions.  The following summarizes some of the changes.

Immigration Enforcement: What Michigan Employers Need to Know

4 February 2025

Immigration Enforcement: What Michigan Employers Need to Know

Author: Linda Olejniczak

On January 20, 2025, on his first day in office, President Trump issued several sweeping executive orders intended to advance his immigration agenda. These measures will undoubtedly lead to an increase in immigration enforcement operations within the United States. 

The Demise of Executive Order 11246 – What it Means for Federal Contractors

28 January 2025

The Demise of Executive Order 11246 – What it Means for Federal Contractors

Author: Anthony Kaylin

On January 21, 2025, President Trump signed an Executive Order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This order revoked Executive Order 11246, originally signed by President Lyndon Johnson in 1965 and amended in 1967. EO 11246 had been a key legal tool used by the Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor to promote diversity and address bias and discrimination among federal contractors. As of...
Executive Order 11246 and other Executive Orders Rescinded by President Trump

21 January 2025

Executive Order 11246 and other Executive Orders Rescinded by President Trump

Author: Anthony Kaylin

President Trump, as promised during his campaign, signed a number of Executive Orders (EO) on his first two days in office. The following are a list of those that were rescinded which may impact HR. The revocation of EO 11246 is the biggest news of all as it has been around 60 years and the basis for affirmative action by federal contractors.  The revocation of EO 11246 was buried in the EO that put all government DEI personnel on paid leave (which was the headline for most newspapers).
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.”

What’s New with California Law in 2025

14 January 2025

What’s New with California Law in 2025

Author: Anthony Kaylin

California, the 5th largest economy in the world, yet only a state of this country, has rolled out a number of new laws HR needs to be aware of.  See below for a short summary of some of the changes in 2025:

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.

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:

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). 
Tip of the Iceberg Guidance for Dealing with FMLA situations

12 November 2024

Tip of the Iceberg Guidance for Dealing with FMLA situations

Author: Anthony Kaylin

The Family and Medical Leave Act (FMLA) remains essential but can present challenges for employers. While most employee requests for leave are genuine, there are instances that raise questions for HR. Even in legitimate cases, certain aspects of the leave process can create complications for HR teams. So, how can employers manage FMLA effectively without risking legal issues?
 

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.

Ann Arbor's New “Right to Sit” Law: A Game Changer for Retail and Hospitality Workers

12 November 2024

Ann Arbor's New “Right to Sit” Law: A Game Changer for Retail and Hospitality Workers

Author: Linda Olejniczak

Ann Arbor has just made history by passing a landmark “right to sit” law aimed at reshaping the work environment for retail and hospitality employees. The ordinance grants workers in these industries the right to sit while on duty, as long as doing so doesn’t interfere with their job performance. This policy marks a shift towards more inclusive workplace standards and is expected to have a significant impact on retail and service employees, who often endure long hours on...
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