Quick Hits - January 24, 2018 - American Society of Employers - ASE Staff

Quick Hits - January 24, 2018

EEO-1 Survey is now open: Click here to go to the survey.  In order to log-in, the employer will need to reset its password on the EEO-1 site by clicking “Login” and then “Get Password.” An email with a link to reset the password will be sent.  Check the spam box just in case it is not received.  Once the password is reset, log-in and a verification code will be sent to the person whose email is on the EEO-1 report.  Do not close the EEO-1 report until verification is completed.  On the company information page, update all contact information and if any updates are needed for county, click the edit company information to do so.  If the person whose email is connected to the EEO-1 report is no longer with the organization, follow the directions on the EEO-1 website to change the email address and contact information (email including attaching a letter on company letterhead requesting the change).  The filing period ends as of March 31, 2018.  The data pull should be a snapshot as of 4th quarter 2017.  If the company experienced mergers, acquisitions, or spin-offs since the 2016 filing, please remember to reach out to the EEO-1 Joint Reporting Committee regarding these company changes using the email addresses available on the main EEO-1 site.

Employment based class action settlements reach highest level yet in 2017:  Settlements from the 10 biggest class-action suits reached a record $2.72 billion last year, reports Seyfarth Shaw LLP.  That is up sharply from $1.75 billion in 2016 and represents the highest amount since the Chicago law firm began tracking these workplace cases in 2003.  Many 2017 settlements involved wage-and-hour violations such as insufficient pay, alleged employment bias, or underfunded pension plans, according to the firm’s 885-page report.  Among the largest was a $227 million payment by FedEx Corp. following a fight over whether its delivery drivers were employees or independent contractors. Top settlements from federal government enforcement litigation hit a high of $485.3 million—a nearly 10-fold increase from $52.3 million the prior year. The U.S. Equal Employment Opportunity Commission alone brought 184 suits, up from 86 in 2016.  Although the federal government enforcement may roll back a bit under the Trump administration, it is expected that states will pick up the slack in the coming year.  Source:  The Wall Street Journal 1/10/18

72% of workers who experience sexual harassment at work do not report it: According to a new CareerBuilder survey, the majority who experience sexual harassment continue to keep quiet. Of those who have been sexually harassed, the majority (72%) did not report the incident and more than half (54%) did not confront the person responsible for harassment.  Looking at who has felt sexually harassed in the workplace, more than 1 in 10 workers (12%) say they have, with women (17%) more likely to feel harassed than men (7%), and 17% of those ages 18-34 report feeling sexually harassed at work compared to those 35-44 (11%), 45-54 (10%) or 55+ (9%). When asked who they were harassed by, employees pointed to a number of statuses and positions. 28% of those who have felt sexually harassed at work said they were harassed by their boss, and nearly 2 in 5 (37%) said they were harassed by more than one person. While the majority of those who say they have felt sexually harassed in the workplace say they did not confront the person responsible for harassment, of those who did (46%), 13% said the situation stayed the same and 9% said it became worse.  Source: CareerBuilder 1/19/17

Google starts new program to fill entry level IT jobs: There are 150,000 open IT jobs in the U.S., and Google wants to make it easier to fill them. The company announced a certificate program on the Coursera platform to help give people with no prior IT experience the basic skills they need to get an entry-level IT support job in 8 to 12 months.  Why it matters: Entry-level IT jobs are typically higher-paying than similar roles in other fields, but they are harder to fill because while IT support roles don’t require a college degree, they do require prior experience. After completing the program, certificate holders will be connected with other companies looking for entry-level support workers. Those companies include: Bank of America, Walmart, Sprint, GE Digital, PNC Bank, Infosys, TEKSystems, UPMC — in addition to Google.  Since many companies struggle to fill these roles, many end up turning to H-1B visa holders who have the required skills. This certificate curriculum is an acknowledgement from these employers that they’re going to need to train Americans for those jobs, since the Trump administration has made it clear it will make it harder to rely on foreign talent.  Source: Axios 1/16/18

Is college worth it? The benefits of a higher education seem indisputable: People with a bachelor’s degree earn 73% more than those with a high school diploma on average, up from a 50% advantage in the late 1970s. It stands to reason that, as computers and robots get more powerful, humans will have to be more educated to master them.  But is it true? A forthcoming book by economist Bryan Caplan, The Case Against Education: Why the Education System Is a Waste of Time and Money, argues that most of what people learn in high school and college is unnecessary and quickly forgotten. On the international level, he cites studies finding no correlation between a country’s education level and its national income, holding other factors equal.  Caplan believes that the most useful thing about higher education is that the diploma conveys useful information to employers who can’t afford to probe each job applicant in depth. It tells them that the prospect, in addition to being reasonably intelligent, is willing to slog through four years of arduous and often boring classes and knows how to fit in; not the education itself. Earning a college degree sends a message to employers only if other people don’t have college degrees. If everyone gets a bachelor’s, you need to earn a master’s or a doctorate to stand out, even if the job doesn’t require one. This rat race leads to overeducation and the devaluation of credentials. Source: BusinessWeek 1/16/18

Is your organization covered by these laws?  This is nice review for compliance.  The ADA prohibits employers with 15 or more workers from discriminating against employees or applicants because of disability or perceived disability. In addition, facilities that are open to the public must be accessible, regardless of the number of employees.  Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on race, color, religion, sex, and national origin. Many states have statutes reducing the employer-size threshold and expanding the classes of protection.  The Age Discrimination in Employment Act (ADEA) prohibits companies with 20 or more workers from discriminating against people age 40 or older in hiring, firing, wages, and benefits. The Consolidated Omnibus Budget Reconciliation Act (COBRA) mandates continuing coverage when an employer with 20 or more workers offers health coverage. Family Medical Leave Act (FMLA) mandates coverage when there are 50 or more employees within a 75-mile radius. 

Michigan Youth Employment Standards Act amended for hockey players: The Youth Employment Standards Act has been amended by adding a new provision that states the Act does not apply to a minor in his or her capacity as an ice hockey player for a junior ice hockey team that is a member of a regional, national, or international junior ice hockey league.  Similarly, the law relating to employment contracts where a person agrees to work at a point away from the home does not apply to an individual who is 16 years of age or older but less than 21 years of age and who is an ice hockey player for a junior ice hockey team that is a member of a regional, national, or international junior ice hockey league. In addition, the Workforce Opportunity Wage Act has been amended, effective March 21, to provide an exemption for those individuals (Public Act 243 (S. 483), L. 2017). 

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