Daylight Savings Time ends November 1: When clocks are turned back an hour in the early morning on November 1st, workers on the midnight shift at that time will actually work an extra hour. Assuming that these workers are nonexempt employees, meaning that they are governed by the Fair Labor Standards Act (FLSA), they must be paid for all hours worked. The end of daylight savings time can have overtime pay implications as well. Generally, nonexempt employees are entitled to overtime pay for all hours in excess of 40 worked during the week. Employees who work an extra hour during the conversion to standard time may go over the 40-hour mark for the workweek and are thus entitled to the higher overtime pay rate for that time. For a copy of the ASE end of daylight savings time poster, click here.

Social Security base wages to increase to $142,800 in 2021:   The amount of earnings subject to social security tax, known as the “wage base,” will increase from $137,700 to $142,800, and the employee/employer tax rates will stay at 7.65% (including 6.2%  for the Old-Age, Survivors, and Disability Insurance (OASDI) portion and 1.45% for the hospital insurance portion).

New training coming soon on how to deal with retail customers not wearing masks:  The National Retail Federation, a trade group representing about 16,000 retailers, said Thursday that it had teamed up with the Crisis Prevention Institute, a company focused on reducing workplace violence, to help retail workers learn how to prevent and de-escalate shopper disputes that emerge from pandemic restrictions. The training puts a spotlight on the unexpected challenges that store workers have been forced to grapple with during the pandemic. Most retailers were early to require masks and distancing in stores, but some shoppers have flouted the rules, putting employees in uncomfortable and sometimes frightening positions. Altercations with belligerent customers have regularly gone viral on social media this year and have even led to violence, spooking staff and other shoppers just as stores try to drum up foot traffic.  If this training goes well, it may be able to expand to other types of businesses.  Source:  NYTimes 10/15/20

2022 ballot initiative to add LGBT to Elliott-Larsen Civil Rights Act:  Act Fair and Equal Michigan submitted almost 500,000 signatures from registered voters to the state in its campaign to expand the Elliott-Larsen Civil Rights Act to include protections for LGBT individuals.  Originally, the campaign sought to be on the 2020 ballot. But, like many other things, the COVID-19 pandemic muddled those plans. The question before voters will appear on the 2022 ballot unless the Legislature adopts the measure instead. Several organizations, including prominent business groups, have endorsed the proposal with some – like Business Leaders for Michigan – providing significant financial contributions. The Detroit Regional Chamber, Blue Cross Blue Shield of Michigan, Dow, Hemlock Semiconductor, and others have signaled support.  If the Bureau of Elections determines the group submitted sufficient signatures – 340,047 must be valid – the Legislature would have 40 days to pass the proposal or it will go on the 2022 ballot. Current GOP leaders in the Legislature oppose the change.  Source: Gongwer 10/13/20

Glassdoor rolls out D&I ratings:  According to a new Glassdoor survey conducted by The Harris Poll, job seekers and employees report that disparities still exist within companies with respect to experiences with and perceptions of diversity, equity and inclusion in the workplace. Job seekers and employees also say they want to work at companies that truly value diversity and inclusion as part of their culture. The survey shows that nearly half of black (47%) and Hispanic (49%) job seekers and employees have quit a job after witnessing or experiencing discrimination at work, significantly higher than white (38%) job seekers and employees. In addition, nearly 1 in 3 (32%) job seekers and employees today say they would not apply to a job at a company where there is a lack of diversity among its workforce. This is significantly higher for black job seekers and employees (41%) when compared to white job seekers and employees (30%).  The new Diversity & Inclusion Rating provides employees an ability to rate how satisfied they are with diversity and inclusion at their current or former company, based on a 5-point scale.  Source:  Glassdoor 10/1/20

EEOC issues final rules revising procedural regulations under Title VII, ADA, and GINA:  The U.S. Equal Employment Opportunity Commission (EEOC) on October 15 issued a final rule that amends its procedural regulations to explicitly provide for digital transmissions of documents and to update no cause determination procedures.   The final rule memorializes changes that have been occurring over the past several years as the EEOC has made significant strides in providing digital services.  Revisions to the EEOC’s procedural regulations do not create a new system of digital transmission of charge-related documents.  The EEOC also made changes to the language in letters of determination to more clearly communicate with charging parties and respondents about the EEOC’s decision to close an investigation and amends section 1601.18(a) to add language clearly communicating that a dismissal includes notice of the charging party’s statutory right to file a lawsuit.  It also amends section 1601.19(a) to add language clarifying the meaning and import of the EEOC’s issuance of a “no cause” determination, specifically, that such a dismissal does not mean the claims have no merit.  Source:  EEOC 10/14/20

Guns in the capital building – a workplace hazard? Democratic legislators in Michigan are redoubling their attempts to prevent visitors from carrying firearms into the Capitol. They are using a somewhat novel argument about workplace safety, saying that the presence of firearms in the building constitutes a workplace safety hazard.  House Minority Leader Christine Greig this week wrote a letter to her Republican counterpart, Speaker Lee Chatfield, pleading with him to direct building authorities to prevent visitors from bringing guns into the building, saying guns pose a workplace hazard. The issue comes on the heels of the recently disclosed plot to kidnap Gov. Gretchen Whitmer (D), which has raised concerns about the growing threat of domestic terrorism.  Greig says she plans to file a complaint with the state’s occupational health agency if Chatfield fails to act.  “It’s very threatening when you walk around your workplace and see people with assault rifles,” Greig said in an interview. “Any other workplace would be addressing this, and it would be investigated and dealt with. But we are not afforded that as members of the House. It needs to change.”  Source: Washington Post 10/14/20