American Society of Employers
Attorney-Client Privilege – What HR Needs to know

18 June 2024

Attorney-Client Privilege – What HR Needs to know

Author: Anthony Kaylin

Attorney-client privilege is one of the most important tools for HR when dealing with risk. This privilege is a foundational legal principle for centuries and allows clients to discuss all legal issues without worrying that the conversation may come back to haunt the client. By having honest conversations, it allows the lawyer to best represent the client. However, the privilege does not protect the underlying facts that may be contained within the communication, just the communication with...
If Marijuana is Reclassified, What Jobs Might It Impact?

28 May 2024

If Marijuana is Reclassified, What Jobs Might It Impact?

Author: Michael Burns

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...
The Work-Life Revolution: How Line Managers Can Drive Change

14 May 2024

The Work-Life Revolution: How Line Managers Can Drive Change

Author: Heather Nezich

Organizations can improve the work-life balance of their employees by training line managers in work-life support. This training reduces burnout in employees who have little control of when or where they work and increases family engagement of employees who have high work-life flexibility.

The Benefits of Outplacement Services: An Approach to Employee Transition

20 February 2024

The Benefits of Outplacement Services: An Approach to Employee Transition

Author: Emily Price

Companies often face the challenging task of workforce optimization, which may involve layoffs or downsizing. While these decisions are never easy, offering outplacement services can provide many benefits for both employers and employees. There are advantages of embracing outplacement services as a beneficial approach to employee transition during layoffs.

The Election Year is Upon Us - Be Prepared for Workplace Political Discussions…or Worse

23 January 2024

The Election Year is Upon Us - Be Prepared for Workplace Political Discussions…or Worse

Author: Michael Burns

While it seems like elections and politics have been on-going rather than every two or four years, we are now entering the actual election year, and employers should prepare themselves to address possible employee dissent, rancor, or worse.

Changes to Marijuana Testing Laws

23 January 2024

Changes to Marijuana Testing Laws

Author: Susan Chance

As more states and cities make marijuana legal in some format, we can expect drug testing laws to change, and they are. It should not be a surprise that California has already put a new law in place as of January 1, 2024.

Family-Friendly Policies Increase Employee Productivity, Health, Loyalty, and Motivation

28 November 2023

Family-Friendly Policies Increase Employee Productivity, Health, Loyalty, and Motivation

Author: Heather Nezich

A recent report from The Best Place for Working Parents® and Southern Methodist University's Center on Research and Evaluation (CORE) highlights the advantages of family-friendly policies, revealing their positive impact on both working parents and businesses' overall performance.

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.

Should Employers Surveil Employees?

24 October 2023

Should Employers Surveil Employees?

Author: Anthony Kaylin

In the past, employers did not actively surveil employees except in two major areas.  First, the internet.  Employers had to make sure that employees were not going to illicit sites.  Second, on factory floors.  For many, insurance coverage played a role in filming employee activity in case of accidents and other like activities.  There is also recording of calls for customer service, for example, that are stated to be used for training purposes. 
How to Review Employee Handbook Policies Under New NLRB Scrutiny

24 October 2023

How to Review Employee Handbook Policies Under New NLRB Scrutiny

Author: Michael Burns

Employers are advised to review certain employee handbook policies to ensure they will not be found to violate the National Labor Relations Act (NLRA). As we have reported, the pro-labor National Labor Relations Board (NLRB) is issuing new Board decisions that are decidedly pro-labor and challenge some long standing employer policies as a violation of a worker’s right to engage in protected concerted activity.

To Test or Not to Test for Marijuana

24 October 2023

To Test or Not to Test for Marijuana

Author: Susan Chance

Now that marijuana has been legalized for recreational use in Michigan and 23 other states and all 50 states have legalized some form of use – from CBD oil only to medical marijuana to fully legalizing use – employers are wondering if they should continue to have applicants/employees submit to drug tests.

Benefits of a Paperless Onboarding

24 October 2023

Benefits of a Paperless Onboarding

Author: Linda Olejniczak

HR professionals are continually seeking ways to cut expenses, enhance operational efficiency, and uphold productivity. When it comes to onboarding procedures, the transition to a paperless approach emerges as a strategic way to realize these objectives. Below, we examine the advantages of paperless onboarding.

Understanding the Distinction: Pay Equity vs. Pay Fairness

5 September 2023

Understanding the Distinction: Pay Equity vs. Pay Fairness

Author: Kevin Marrs

In a March report released by the Pew Research Center, it was revealed that in 2022, women in the United States typically earned 82 cents for each dollar earned by men in similar roles. This statistic remained stagnant when compared to the year 2002 when women earned 80 cents on the dollar. The slow pace of narrowing the gender pay gap in the 21st century stands in stark contrast to the considerable progress made in the preceding two decades. In 1982, women were earning a mere 65 cents for...
NLRB Makes Handbook Policies Easier to Challenge as “Unfair” and an NLRA Violation

9 August 2023

NLRB Makes Handbook Policies Easier to Challenge as “Unfair” and an NLRA Violation

Author: Michael Burns

Not unexpectedly, last week the National Labor Relations Board (NLRB) changed its work rule test. The NLRB’s work rule test assesses whether particular employer policies (rules) illegally restrict workers’ rights. The Biden labor Board, now comprised of his appointees, and its General Counsel stated that since this Administration came into office, it would be reviewing many Trump-era labor rules and this rule in particular.

Two New Federal Laws Compel Consideration of New Handbook Policies

18 July 2023

Two New Federal Laws Compel Consideration of New Handbook Policies

Author: Michael Burns

With the enactment of both the Pregnant Workers Fairness Act (PWFA) effective June 27, 2023, and the Nursing Mothers Act also known as the PUMP Act, covered employers should consider adding new policies to communicate compliance and inform employees what they are providing them as a result of those laws.

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