American Society of Employers - Michael Burns
The Great Resignation May Lead to the Great Automation

23 November 2021

The Great Resignation May Lead to the Great Automation

Author: Michael Burns

This September, 4.4 million workers quit their jobs. The highest month of quits on record. You would have to be in a cave not to have heard about the general labor shortage employers have been dealing with.  I have not heard any ASE members state that they are not looking for workers in recent months, if not longer.

Fifth Circuit Continues Stay Against OSHA Vaccine Mandate ETS

16 November 2021

Fifth Circuit Continues Stay Against OSHA Vaccine Mandate ETS

Author: Michael Burns

As briefly covered in last week’s EPTW, the Fifth Circuit Court of Appeals issued a temporary stay on November 6, 2021, in response to OHSA’s Emergency Temporary Standards (ETS) outlining the vaccine mandate for employers with 100+ employees. This was a temporary stay pending review by the Court of legal briefs submitted by OSHA and the states challenging the federal vaccine mandate. On Friday, November 12, 2021, the Fifth Circuit Court of Appeals issued an order to continue its...
OSHA Issues ETS on Mandated Vaccinations, but Fifth Circuit Court of Appeals Says Wait a Minute

9 November 2021

OSHA Issues ETS on Mandated Vaccinations, but Fifth Circuit Court of Appeals Says Wait a Minute

Author: Michael Burns

Last Thursday OSHA released notice it was publishing its Emergency Temporary Standards (ETS) for employer mandated vaccinations. The ETS covers organizations over 100 in employment size. The effective date of the ETS will be December 5th, and the date for vaccinations will start 60 days from last Friday or January 4, 2022. Following the ETS vaccination deadline the White House modified its deadline for federal contractors to the same date – 1/4/2022.

As Larger Employers Wait for OSHA Vaccine Mandate ETS, Can Smaller Employers Get Tough Too?

2 November 2021

As Larger Employers Wait for OSHA Vaccine Mandate ETS, Can Smaller Employers Get Tough Too?

Author: Michael Burns

As larger employers wait for the Occupational Safety and Health Agency’s (OSHA) Emergency Temporary Standards (ETS) that will tell them how to compliantly manage mandated vaccinations, many employers are looking to make other constructive changes to their health and safety policies. As a lever to promote voluntary vaccination, some employers have implemented health care “surcharges” on unvaccinated workers.

Courts Backing Government Employers’ COVID Safety Requirements

26 October 2021

Courts Backing Government Employers’ COVID Safety Requirements

Author: Michael Burns

Despite the controversy and calling out of employers that are requiring vaccination and other on-site safety protocols, the courts around the country are holding that State employers are within their rights to require employees to comply or lose their jobs.

As We Watch for OSHA’s COVID Vaccine Mandate Guidance, Don’t Forget Applicable Wage and Hour Rules

19 October 2021

As We Watch for OSHA’s COVID Vaccine Mandate Guidance, Don’t Forget Applicable Wage and Hour Rules

Author: Michael Burns

As we wait for the OSHA guidance detailing how employers (over 100 in employment) can implement mandated vaccination for employees, employers need to keep in mind how they require vaccination and testing may impact proper pay for non-exempt employees.

Did Your Organization Leave Employee Development Behind During the Pandemic?

12 October 2021

Did Your Organization Leave Employee Development Behind During the Pandemic?

Author: Michael Burns

With the many interruptions and re-prioritizations being forced upon employers due to COVID-19 for the past 18 months or so, employee development has lagged in many organizations. Employers and employees have had to work through:

First Monday in October Has Come – U. S. Supreme Court Looking at Four Employment Questions

6 October 2021

First Monday in October Has Come – U. S. Supreme Court Looking at Four Employment Questions

Author: Michael Burns

Monday started the U.S Supreme Court's new year. Though it has some incredibly impactful cases in other areas of the law, it marks the start of this year’s docket looking at four workplace law questions.

Employee Handbook Compliance Basics

28 September 2021

Employee Handbook Compliance Basics

Author: Michael Burns

In addition to providing an employee valuable information about the company, its rules, benefits, and general practices, employee handbooks include a myriad of important legal compliance statements.  These statements are intended as not only employee notices that may or may not be required by law, but to set up employer affirmative defenses in the event of a wrongful employment action. These policies will generally not keep you out of court but do set up an argument that the company...
The COVID-19 Lawsuit Tsunami is Building. Be Ready for the COVID-19 Vaccination Mandate.

21 September 2021

The COVID-19 Lawsuit Tsunami is Building. Be Ready for the COVID-19 Vaccination Mandate.

Author: Michael Burns

An interesting report by Fisher Phillips, a management-side law firm that is tracking litigation coming from the COVID-19 pandemic and its impact on employers, found a big increase in employment lawsuits around COVID-19 situations. Fisher Phillips reports the lawsuits primarily involved remote work, leave, and employment discrimination issues.
Michigan Going PRO Talent Funds – Include ASE’s Leadership Development Classes in Your Application

14 September 2021

Michigan Going PRO Talent Funds – Include ASE’s Leadership Development Classes in Your Application

Author: Michael Burns

Michigan’s Department of Labor and Economic Opportunity will award more than $30 million to employers for worker training and development. If your organization is pursuing 2022 funds to assist with short term training for both new and incumbent employees, applications are accepted September 20 – October 15, 2021.

Don’t Leave Employee Development Behind – Even If It Means Being Short on Staff

7 September 2021

Don’t Leave Employee Development Behind – Even If It Means Being Short on Staff

Author: Michael Burns

For several reasons employee development is currently being left behind. One reported reason is training and development expenses have been significantly cut back during COVID-19. In addition to that, ASE is also hearing that employers are limiting employee training because of the labor shortage and business demands.

Labor Day 2021 – The State of Unionization in the U.S.

31 August 2021

Labor Day 2021 – The State of Unionization in the U.S.

Author: Michael Burns

In 1894 Labor Day was formally established as a national American holiday to celebrate workers. Labor Day also marks the unofficial close of summer and the start of school.

When Installing an ADR With Arbitration, Make Sure It’s Done Right

24 August 2021

When Installing an ADR With Arbitration, Make Sure It’s Done Right

Author: Michael Burns

Alternative Dispute Resolution (ADR) systems are probably not used as much these days as they should be by employers. That said, a Sixth Circuit Court of Appeals decision handed down this month demonstrates how a poorly thought-out ADR system did not help the employer as it should have.

With Legalized Marijuana, Has Your Organization Rethought Its Drug Testing Policies?

17 August 2021

With Legalized Marijuana, Has Your Organization Rethought Its Drug Testing Policies?

Author: Michael Burns

ASE continues to get member inquiries about substance abuse testing and policies. A recent article by the Washington Examiner says interest in relaxing strict employer policies against employee marijuana use is going on across the country.  Where marijuana is legal recreationally, such as in Michigan, employers are asking whether it’s worth continuing pre-employment and other testing for marijuana use. Amazon has eliminated marijuana from its drug testing and is treating marijuana...
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