American Society of Employers - Michael Burns
For Separation and Other Employment Settlement Agreements Be Sure You Comply with ADEA and OWBPA

16 August 2022

For Separation and Other Employment Settlement Agreements Be Sure You Comply with ADEA and OWBPA

Author: Michael Burns

Last week, by its ruling in Jackson v. General Electric, the Sixth Circuit Court of Appeals reminded employers that they must make sure any settlement type of agreement with an employee complies with the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefits Protection Act (OWBPA). This is not a new development, but the case reminds HR professionals and their legal counsel that any formal agreement settling discrimination or other claims by an employer with an employee,...
Third Circuit Court of Appeals Throws One Small Loss at the NLRB and Big Labor/Biden Camps

9 August 2022

Third Circuit Court of Appeals Throws One Small Loss at the NLRB and Big Labor/Biden Camps

Author: Michael Burns

It has seemed at least to people that track labor issues that the National Labor Relations Board (NLRB) has been on quite a roll favoring unions across the United States. The NLRB with its Democrat appointed Board majority and its very pro-labor agenda is working diligently to change interpretation of the National Labor Relations Act (NLRA) at every turn, including the major issue of joint employment status.

Michigan Minimum Wage and Paid Sick Laws Remain the Same – For Now

2 August 2022

Michigan Minimum Wage and Paid Sick Laws Remain the Same – For Now

Author: Michael Burns

On Friday, Michigan Court of Claim Judge Douglas Shapiro issued a stay order in response to appeals filed by the State of Michigan. The stay was on his ruling two weeks ago holding that the method used by the Michigan Legislature to adopt and amend those laws was unconstitutionally conducted. In staying his ruling, the Judge stated there were “justified concerns” about employer’s ability to accommodate the changes so quickly.

Michigan Court Holds “Adopt and Amend” Minimum Wage and Paid Sick Laws are Unconstitutional

20 July 2022

Michigan Court Holds “Adopt and Amend” Minimum Wage and Paid Sick Laws are Unconstitutional

Author: Michael Burns

Yesterday, Michigan Court of Claims ruled that the current Michigan Minimum Wage and Paid Sick Leave laws passed by an “adopt and amend” strategy in 2018 were not properly enacted pursuant to Michigan’s constitution.

Court Affirms Importance of Correct Employee Handbook Policies

19 July 2022

Court Affirms Importance of Correct Employee Handbook Policies

Author: Michael Burns

Last month the Michigan Court of Appeals ruled against an employer that did not follow its employee handbook policies properly. The Court pointed to the importance not only of having an employee handbook but to set up the policies properly in order to achieve the true intent of what the employer wants from its handbook policies

SCOTUS Decision on Guns Compels Employer Review of Company Weapons Policy

12 July 2022

SCOTUS Decision on Guns Compels Employer Review of Company Weapons Policy

Author: Michael Burns

The U.S. Supreme Court (SCOTUS) finished its term this year with some decisions that though not directly impacting employers, does compel them to review their benefit plans and other select policies to ensure they stay up to date.

SHRM 2022 National Employee Benefits Survey Data Released

5 July 2022

SHRM 2022 National Employee Benefits Survey Data Released

Author: Michael Burns

The Society of Human Resource Management (SHRM) released its 2022 Employee Benefit Survey early last month. This national study provides an extensive look at employer benefit program offerings on a national scale.

Increased Social Activism in the Workplace Compels a Review of Social Media and Other Employer Policies

28 June 2022

Increased Social Activism in the Workplace Compels a Review of Social Media and Other Employer Policies

Author: Michael Burns

Earlier this month a survey of 400 worldwide C-suite executives was conducted by Herbert Smith Freehills, LLP that found those executives foresee an unprecedented rise in workplace activism. The survey report found executives today are confronting employees articulating their views about not only workplace concerns and issues but on wider social issues. This worker activism is enabled and is consequentially amplified by social media.

U.S. Department of Labor Publishes Report on Conditions for Worker Union Organizing

21 June 2022

U.S. Department of Labor Publishes Report on Conditions for Worker Union Organizing

Author: Michael Burns

As ASE has previously reported, worker union organizing is getting a lot of attention across the country. A recent study by the Worker Empowerment Research Network (WERN) that is collaborating with the U.S. Department of Labor (USDOL), highlights what union conditions are usually present in the workplace for conditions to be right for organizing. This information also provides employers valuable insight into how they can avoid allowing those conditions to develop in their workplace.
NLRB Continues to Review and Challenge Employer Policies

14 June 2022

NLRB Continues to Review and Challenge Employer Policies

Author: Michael Burns

The Biden Administration’s pro-labor policies are being heavily pushed by the agency responsible for overseeing employee and employer labor rights, the National Labor Relations Board (NLRB). The NLRB is governed by the law that it is charged with interpreting and administering. This is of course the National Labor Relations Act (NLRA).

Appeals Court Finds Employee Burden Limit to Religious Accommodation

7 June 2022

Appeals Court Finds Employee Burden Limit to Religious Accommodation

Author: Michael Burns

The U.S. Third Circuit Court of Appeals recently found for the employer in a religious discrimination case. The case involved a worker in the U.S. Postal Service (USPS) whose religious belief required him to observe the Sabbath on Sunday.

DOL Issues Mental Health Fact Sheet to Address When FMLA Can Apply

31 May 2022

DOL Issues Mental Health Fact Sheet to Address When FMLA Can Apply

Author: Michael Burns

As noted in the Quick Hits section of today’s EPTW, last week the U.S. Department of Labor issued new information on the Family and Medical Leave Act (FMLA) further explaining when FMLA applies for mental health conditions.

NLRB Rehire Rulings Based Upon Labor Law Pushes Paradox with EEOC Anti-Discrimination Law

24 May 2022

NLRB Rehire Rulings Based Upon Labor Law Pushes Paradox with EEOC Anti-Discrimination Law

Author: Michael Burns

A fascinating conflict between the National Labor Relations Act labor rights interpretation and the Civil Rights Act’s Title VII anti-discrimination protections is growing. Some federal lawmakers are criticizing the National Labor Relations Board for its recent decision that undermined Amazon, the large online retailer, by forcing them to reinstate a worker that was fired because of his crude, sexist, degrading statements made to a female coworker during the organizing campaign.

Michigan Automakers Reinstitute Mandated Masking at its Southeast MI Facilities

17 May 2022

Michigan Automakers Reinstitute Mandated Masking at its Southeast MI Facilities

Author: Michael Burns

Last Sunday, General Motors, Ford, and Stellantis (Chrysler parent) announced that they are reinstituting mandatory masking for workers at their facilities in Wayne, Oakland, Macomb, and Washtenaw counties.  Those counties are now deemed as having HIGH COVID-19 levels by the Centers for Disease Control and Prevention (CDC).

Personnel File Maintenance and Management

10 May 2022

Personnel File Maintenance and Management

Author: Michael Burns

ASE regularly receives member calls about personnel file management and maintenance. Let’s go over some basic information about record retention and personnel file management.

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