American Society of Employers
Federal Contractors Will be Required to Comply with Pay Transparency Requirements by End of Year

6 February 2024

Federal Contractors Will be Required to Comply with Pay Transparency Requirements by End of Year

Author: Anthony Kaylin

On January 30, 2024, the Administration proposed to publish a preliminary rule that would create a series of actions designed to support equal pay activities for workers of federal contractors and agencies as set forth by Executive Orders 14035 and 14069.  Essentially, the rule would prohibit federal contractors and subcontractors from seeking and considering salary history when setting compensation and will require pay range disclosures in certain job...
Super Bowl Squares and March Madness Brackets – What Employers Need to Know

6 February 2024

Super Bowl Squares and March Madness Brackets – What Employers Need to Know

Author: Michael Burns

This Sunday is the Super Bowl, and while it will not be as great without the Lions there, there is a good chance your employees are betting on it. The American Gaming Association estimated that upwards of 28 million Americans participated in office pools for the 2023 Super Bowl. This was up 50% from 2022 and it is expected even more employees will be in office pools this year. How should employers feel about that?

I-9 Audits: The Audit Process and How to Review Form I-9’s Internally

30 January 2024

I-9 Audits: The Audit Process and How to Review Form I-9’s Internally

Author: Lauren Cromie

HR Managers face a wide range of complicated compliance and legal processes. Form I-9 and verifying an employee’s right to work as well as keeping all of this on file is among them. It is hard to know how to prevent an I-9 violation and what to expect if you are audited. Below is an outline of the audit process followed by some best practices for conducting an internal audit that you may find helpful.

NLRB Judge Holds in Favor of Employer’s Dress Policy

16 January 2024

NLRB Judge Holds in Favor of Employer’s Dress Policy

Author: Michael Burns

In a little bit of a surprise from the National Labor Relations Board (NLRB), an NLRB judge upheld a Whole Foods’ ban on Black Lives Matter (BLM) wear/gear in its workplace. Some may remember that in 2020 Whole Foods was challenged by civil and labor rights activists for prohibiting the wearing of BLM insignia on its uniforms while at work. Whole Foods had a policy that banned “any visible slogan, message, logo or advertising” on its uniforms.

Independent Contractor Final Rules Released

9 January 2024

Independent Contractor Final Rules Released

Author: Michael Burns

Tuesday, January 9, 2024, the Department of Labor (DOL) released its Final Rule outlining whether an independent contractor can really be classified under federal law as such.  This presents employers (the buyers of IC services) that use independent contractors with a new and potentially costly concern. The DOL’s rule changes how an employer is allowed to classify those workers it engages as contractors rather than employees. The rule  will impact contractors engaged by a...
Colorado Develops More Stringent Requirements for Pay Transparency in 2024

9 January 2024

Colorado Develops More Stringent Requirements for Pay Transparency in 2024

Author: Anthony Kaylin

Employers with employees in Colorado must comply with recent amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that became effective January 1, 2024.  While offering benefits such as cut off dates for applications, it creates more work for HR because it may not be able to standardize completely the new regulations’ requirements.

Contacting Employees on Leave

19 December 2023

Contacting Employees on Leave

Author: Linda Olejniczak

What are the rules for contacting employees on leave? When and how should you communicate with them? There are no legal requirements to keep in touch with workers while they’re out on leave. However, there are good business reasons to not let your employees think that you have forgotten about them. To maintain a good relationship with workers on leave, a manager or HR person can keep in touch on a regular basis, but not so often that it seems intrusive.

What is an Undue Hardship for Denying a Religious Accommodation?

12 December 2023

What is an Undue Hardship for Denying a Religious Accommodation?

Author: Anthony Kaylin

Earlier this year, the U.S Supreme Court, in Groff v. DeJoy, Postmaster General (600 U.S ______ 2023), redefined the requirements of “undue hardship” in a religious discrimination context and held that it means more than just a “de minimis” burden on the employer. Using the term de-minimis cost is “substantial in the overall context of an employer’s business.”

Michigan High Court Examines “Adopt and Amend” Action That Changed Minimum Wage and Sick Leave Laws

12 December 2023

Michigan High Court Examines “Adopt and Amend” Action That Changed Minimum Wage and Sick Leave Laws

Author: Michael Burns

Michigan’s current minimum wage and medical leave laws may be overturned by the Michigan Supreme Court. Michigan’s current laws on its minimum wage and medical leave were passed by a GOP controlled legislature and governor back in 2019 by a unique legislative action called adopt and amend. That legislature and the governor saw two ballot initiatives introduced in 2018 for a public vote that would be (and could be again) unfavorable to the Michigan business community – in...
Navigating the Employee Retention Credit: A Guide to Claiming Relief in 2023

5 December 2023

Navigating the Employee Retention Credit: A Guide to Claiming Relief in 2023

Author: Linda Olejniczak

The Employee Retention Credit (ERC) has emerged as a crucial lifeline for businesses grappling with the aftermath of the COVID-19 pandemic. As deadlines loom on the horizon, it becomes imperative for businesses to grasp the intricacies of the ERC, ensuring a correct and timely claim.

A Pay Transparency Law That Went Array

28 November 2023

A Pay Transparency Law That Went Array

Author: Anthony Kaylin

The State of Washington has been a leader in pay transparency law.  The Equal Pay and Opportunities Act prohibits gender pay discrimination by addressing business practices that contribute to income disparities between genders.  Further, all pay ranges and benefits for a job advertisement must be in the posting.   Specifically, a “posting” is defined as any solicitation, including recruitment done directly by an employer or indirectly through a third...
Davis-Bacon Rule Update

21 November 2023

Davis-Bacon Rule Update

Author: Linda Olejniczak

The U.S. Department of Labor (DOL) has ushered in significant changes to the Davis-Bacon and Related Acts (DBRA) standards. This final rule, effective October 23, 2023, comprised of hundreds of pages, is poised to impact over one million construction workers. Alongside the comprehensive revisions, the DOL has released a set of Frequently Asked Questions to guide stakeholders through the intricacies of the updated regulations.
Employers Can Address Employee Speech Made Outside of Work

14 November 2023

Employers Can Address Employee Speech Made Outside of Work

Author: Michael Burns

ASE has advised on this in the past but with the current state of social media use and the growing rancor and divisiveness in society we remind employers again: employers do have rights when it comes to its employees’ off-work verbal and social media communications.

President Biden Issues Executive Order on AI – What You Need to Know

14 November 2023

President Biden Issues Executive Order on AI – What You Need to Know

Author: Anthony Kaylin

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO).  The EO is a sweeping directive to government agencies to coordinate on all aspects of AI.  As the EO states in Section 1:
Do Employers Have to Accommodate an Employee’s Commute to Work?  One Court Said Yes – Sort Of

7 November 2023

Do Employers Have to Accommodate an Employee’s Commute to Work? One Court Said Yes – Sort Of

Author: Anthony Kaylin

The U.S 7th Circuit Court of Appeals recently ruled that a case can go to trial on whether an employer was required to provide an accommodation to an employee that had difficulty driving at night and whose shift ended at 9:00 p.m.  According to the court, the main question before it is whether the employee was entitled to a modified work schedule as an accommodation to make his commute safer.

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