Michigan Paid Sick Leave Poster now available: Effective March 29, 2019, the Paid Medical Leave Act, 2018 PA 338, as amended, requires covered employers to display the new poster in a conspicuous place that is accessible to eligible employees.  Click here for a copy of the poster.

Too much email? Don’t check so often:  The average professional spends 28% of the work day reading and answering email, according to a McKinsey analysis. For the average full-time worker in America, that amounts to a staggering 2.6 hours spent and 120 messages received per day. Most professionals have resorted to one of two extreme coping mechanisms as a last-ditch attempt to survive the unending onslaught: at one end, there are the inbox-zero devotees who compulsively keep their inboxes clear, and, at the other, there are those who have essentially given up. Emails enter their inbox and remain.  In the face of these two extremes, some have advocated for a more moderate approach: simply, check email less often. On average, professionals check their email 15 times per day, or every 37 minutes.  Some research suggests that it can take people up to 23 minutes and 15 seconds to fully recover after an interruption, such as a break to check email. A Loughborough University study found that it takes 64 seconds for people to return to work at the same rate they left it.  Source:  Harvard Business Review 1/22/19

EEOC provides guidance due to shutdown’s impact on charges and cases: The EEOC has posted a Q&A document explaining information that stakeholders should know about the impact of the recent partial federal government shutdown on EEOC timelines. Notably, the EEOC continued to accept charges during the shutdown in order to preserve the rights of complainants.  The Q&A addresses concerns about filing deadlines and matters that were scheduled during the shutdown. The EEOC said that its offices and staff are working diligently to resume operations and reschedule matters as soon as is possible.  For any documentation or responses due to the EEOC between December 22, 2018, and January 28, 2019, the agency is extending the submission deadline to February 12, 2019. This extension applies to both respondents and charging parties.  The Q&A also explained that a charging party’s right-to-sue deadline is not affected by the lapse in appropriations. Once the charging party receives a Notice of Right to Sue, he or she must file any lawsuit within 90 days. This deadline is set by law.  Source: CCH, EEOC

National paid sick leave is coming:  The President’s 2019 budget included a proposal to establish a paid parental leave benefit within the unemployment insurance (UI) program to provide six weeks of paid family leave to new mothers and fathers, including mandatory funding for the states’ startup costs.  This type of approach has often been called “Baby UI.”  A different proposal floated by Representative Ann Wagner (R-MO) and Sen. Rubio (R-FL)--apparently with Ivanka Trump’s approval--would allow parents to fund a current leave by borrowing money against future Social Security benefits.  Although neither plan is garnering the support necessary to pass both houses, a paid sick leave law is on the horizon.  It is assumed that this law will supersede all state and local laws. Source: Seyfarth Shaw 2/7/19

HR systems and benefits should be easier and more accessible:  According to a Paychecks survey, almost three-quarters of employees polled said they expect employers to provide technology that allows them to accomplish routine HR tasks such as updating addresses, filling out tax forms and reporting hours. Slightly more people (85%) said such technologies should provide a "simple, intuitive user experience."  In addition, about a third of respondents said the most difficult part of making annual benefit elections is keeping track of changes within the plan. Slightly fewer (28%) said the challenge lies within evaluating the providers and plan options. More than half of respondents said they feel confident in how much they have saved for retirement, but a quarter of those added that this confidence depends on Social Security.  Source:  HR Dive 2/5/19

Do your employees understand their health plans?  A survey by Maestro Health found that 35% of respondents either only somewhat understand, don’t understand, or know nothing about their healthcare coverage, and 33% of respondents don’t understand their medical bills. Yet, employers are not providing adequate resources to address these issues. 44% of respondents say their employer doesn’t offer opportunities beyond health benefits for employees to meet their health goals, and 62% of respondents feel their employer does not serve as a resource for their healthcare-related questions. The employee health and benefits company surveyed 1,000 consumers on their healthcare literacy as well as expectations of employer involvement in their health and wellness. Other survey findings include that the two top financial concerns for consumers are healthcare costs and saving for retirement.  Source: Maestro Health 1/23/19

OFCCP is dropping Google appeal: The U.S. Labor Department has dropped its appeal seeking broad access to internal Google Inc. salary records, part of a federal compliance review looking at alleged pay disparities at the technology company.  The Labor Department had appealed an administrative law judge’s 2017 ruling that said the demands for Google’s workplace records were “over-broad, intrusive on employee privacy, unduly burdensome, and insufficiently focused on obtaining the relevant information.” “After careful consideration, OFCCP has decided to enforce the ALJ order and complete its compliance review on the merits consistent with the terms of its newly issued directives on transparency and predetermination notices,” Craig Leen, director of the compliance office, said in a statement. “OFCCP views this as the most effective means of reaching final resolution with Google.”  Source:  Law.com 2/4/19

Is there a “perceived to be black” (or any other race) cause of action:  While the Americans with Disabilities Act (ADA) and the Rehabilitation Act explicitly prohibit discrimination against persons "regarded as" having a disability who are discriminated against based on that belief, Title VII doesn't contain such language.  The U.S. Supreme Court and federal circuit courts of appeals have not yet determined whether a "perceived-as" race discrimination claim is cognizable under Title VII. Although the appellate courts have not yet addressed the issue, a few federal district courts have held that perceived-as discrimination claims are cognizable under Title VII. Ohio, Maryland, and Michigan district courts have allowed national origin "perceived-as" claims to proceed. However, although the EEOC interprets Title VII to prohibit such discrimination, congress has not amended the act to include language explicitly prohibiting perceived-as race discrimination.  Source: Ford & Harrison LLP 2/6/19