American Society of Employers
Growing Pains: The Compliance Risks That Come as Organizational Milestones are Reached

10 February 2026

Growing Pains: The Compliance Risks That Come as Organizational Milestones are Reached

Author: Lauren Cromie

So, your organization is growing? That’s great and something most organizations plan for; however, this accompanies legal requirements that creep up often faster than leaders expect. Employment laws, benefits requirements, and reporting obligations are frequently triggered by employee count, making growth an exciting but risky phase if compliance isn’t planned for in advance. Understanding which requirements apply at each stage of growth allows employers to prepare, avoid costly...
You Made a Mistake and Accused Someone of Sexual Harassment.  Can They Sue for Defamation?

10 February 2026

You Made a Mistake and Accused Someone of Sexual Harassment. Can They Sue for Defamation?

Author: Anthony Kaylin

It happens. An employee is accused of sexual harassment and an investigation follows. Word spreads. Initial findings appear to support the claim, but later evidence emerges – voicemail messages of the accuser telling the accused they couldn’t wait to meet at their usual motel, explicit sexts from the accuser to the accused, or even on-the-record, sworn admissions by the accuser that the relationship was consensual and the allegations were false.

The Quiet Surge in Pro Se EEOC Filings and Why HR Should Be Alarmed

10 February 2026

The Quiet Surge in Pro Se EEOC Filings and Why HR Should Be Alarmed

Author: Linda Olejniczak

Something is shifting in the employment law landscape and it’s happening faster than many HR teams realize. Over the past year and into 2025, there’s clear evidence that discrimination charge activity at the U.S. Equal Employment Opportunity Commission (EEOC) remains elevated and evolving.

Navigating the Crosshairs of DEI Programs

20 January 2026

Navigating the Crosshairs of DEI Programs

Author: Anthony Kaylin

Executive Order 14173 reshaped the compliance landscape for federal contractors and employers more broadly. The order revoked EO 11246 on contractor affirmative action, directed a 90 day wind-down period with agencies operating under class deviations until the FAR Council takes action, and introduced new False Claims Act exposure by requiring contractors and grantees to certify nondiscrimination compliance. It also placed DEI-related practices across all employers under increased scrutiny...
Legal Considerations for Training Repayment Agreements

20 January 2026

Legal Considerations for Training Repayment Agreements

Author: Linda Olejniczak

Many employers invest heavily in employee training and development, and to protect these investments, they often use "stay‑or‑pay" clauses also known as Training Repayment Agreements (TRAPs) which require employees to repay training costs if they leave voluntarily within a specified period. These agreements, while once widely accepted, are now increasingly challenged due to evolving state laws and legal scrutiny.

New York State Joins Growing List of Jurisdictions Restricting Employment Credit Checks

20 January 2026

New York State Joins Growing List of Jurisdictions Restricting Employment Credit Checks

Author: Susan Chance

Starting April 18, 2026, New York State will limit employers’ ability to use credit checks in employment decisions, joining a growing number of states and cities that have enacted similar restrictions. Previously, only New York City had prohibited most credit checks for hiring and employment purposes, but the new amendment to the New York State Fair Credit Reporting Act extends these protections statewide. Like other jurisdictions, the law prohibits employers, labor organizations, and...
What the One Big Beautiful Bill Act Means for Employee Benefits in 2026

13 January 2026

What the One Big Beautiful Bill Act Means for Employee Benefits in 2026

Author: Linda Olejniczak

2026 is shaping up to be a year of major shifts in employer‑provided benefits thanks to the recent passage of the One Big Beautiful Bill Act (OBBBA). While much of the early attention focused on overtime pay and tax changes, the legislation also brings important updates for benefit plans, flexible spending accounts, and family‑focused savings vehicles.

California Pay Reporting Updates for 2026

13 January 2026

California Pay Reporting Updates for 2026

Author: Anthony Kaylin

The California Civil Rights Department (CRD) has updated and expanded on the pay reporting required in 2026. Pay reporting is due May 13, 2026.  The CRD published preliminary reporting sheets and FAQs for employers with 100 or more employees who have locations in California.  The employee count is based on total employees (full-time, part-time, etc.) in the U.S., including California.  The requirements also include a separate report by employers who engage labor contractors.
When Can You Dock an Exempt Employee?

6 January 2026

When Can You Dock an Exempt Employee?

Author: Anthony Kaylin

The question of docking an exempt employee has been raised on hotline calls over the past month.  As a general rule, an exempt employee cannot be docked unless it is for five consecutive business days, but there are exceptions to this general rule.

Implicit Bias Training Leads to Racially Hostile Environment

9 December 2025

Implicit Bias Training Leads to Racially Hostile Environment

Author: Anthony Kaylin

In a case recently decided by the U.S. Second Circuit Court of Appeals, which covers New York, the court ruled that mandatory anti-bias training can support a claim for a racially hostile work environment if it repeatedly portrays a specific race in negative or stereotypical terms. Not all implicit bias training is leading to an EEO charge, but the facts in this case are similar to the trainings that were present in trainings banned during President Trump’s first administration.
Bill Seeks to Clarify and Codify What “Joint Employment” Is

2 December 2025

Bill Seeks to Clarify and Codify What “Joint Employment” Is

Author: Michael Burns

Earlier this fall House Resolution 5267 was introduced for consideration by Congress. The bill is called the American Franchise Act (AFA). It seeks to clarify and establish consistency around what a joint employer technically is.

New Set of Federal Labor Law Bills Introduced

25 November 2025

New Set of Federal Labor Law Bills Introduced

Author: Michael Burns

Depending upon the Administration in Washington, every few years labor law reform legislation gets introduced in Congress. Among other proposed legislation, the Democrat’s had their Protect the Right to Organize Act (PRO Act) that would have thrown many pro-labor requirements into national labor law.  Now it’s the Republicans’ turn.

“BLM” Support Display at Home Depot Not Protected By NLRA

11 November 2025

“BLM” Support Display at Home Depot Not Protected By NLRA

Author: Michael Burns

The Eight Circuit Court of Appeals (Arkansas, Iowa, Minnesota, Missouri, North Dakota, and South Dakota) held Home Depot violated the rights of a worker that instead of removing the letters “BLM” on their apron, they quit and brought a claim to the NLRB. The Appeals Court overruled the National Labor Relations Board (NLRB) finding that the employee’s display of political support at work was protected by the National Labor Relations Act (NLRA).

Now What! Navigating ESTA End-of-Year Requirements

4 November 2025

Now What! Navigating ESTA End-of-Year Requirements

Author: Linda Olejniczak

Michigan HR professionals have been navigating the complexities of the Earned Sick Time Act (ESTA) since its effective date, February 21, 2025. As the year draws to a close, a new set of administrative and compliance tasks emerges. The specific actions HR must take depends on whether your organization utilizes the accrual method or the frontloading method for providing earned sick time.

Dealing with Religious Accommodations

4 November 2025

Dealing with Religious Accommodations

Author: Anthony Kaylin

Religious accommodations are increasingly becoming an issue for HR.  Since the U.S. Supreme Court Groff case (No. 22-174 (June 29, 2023)) raised the bar on what employers must do for religious accommodations, HR has been scrambling to identify ways to accommodate without causing business interruption.  For example, if the employer requires weekend shifts and the employee declines for religious reasons, how does HR respond?

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