Understanding the Fair Labor Standards Act (FLSA) is essential for employers to stay compliant and avoid costly mistakes. Yet, even well-meaning practices like using a “working interview” or paying employees different rates for different types of work can trigger violations if not handled properly. Recent enforcement actions and Department of Labor guidance serve as reminders that missteps – especially around compensation during hiring or calculating overtime – can...

The PRO Act bill threatens to fundamentally change the National Labor Relations Act in favor of organized labor. Last week, Rick Allen (R) Georgia introduced a more modest bill that provides some labor law breaks to employers. Congressmen Allen, who is Chairman of the Subcommittee on Health, Education, Labor and Pensions, introduced the Employee Rights Act bill.

The Americans with Disabilities Act (ADA) covers workers that “with or without reasonable accommodation can perform the essential functions of the employment position that such individual holds or desires.”  But what about a former employee that is disabled and impacted by an employer’s change to benefits after the person is no longer employed?

Among many other things, summer brings a wave of high school, college, and graduate students connecting with employers to gain valuable, hands-on experience through internship programs.

Last week, the U.S. Supreme Court (SCOTUS) handed down its unanimous ruling in the case of Ames v. Ohio Department of Youth Services. In this case the Plaintiff was a white heterosexual woman who alleged that the Ohio Department of Youth Services discriminated against her on the basis of sexual orientation and sex under Title VII of the Civil Rights Act of 1964. Ames was an employee of the Department and was demoted from her position as Administrator of the Prison Rape Elimination Act and...

Not too unexpectedly, the Trump Administration is bringing in Wage and Hour administrators that have a pro-business management background. While it is pretty well known that Andrew Rogers is nominated to head the U.S. DOL Wage and Hour Division and is awaiting Senate confirmation, other positions at the Wage and Hour Division are being filled by appointment.

Through the NLRB and other related federal agencies, the Trump Administration is reversing and dropping policy and legal positions that the Biden Administration took in support of unions and Big Labor.

ASE reviews numerous employee handbooks each year. We recommend that employers review their handbook at least annually to ensure it remains compliant and accurately reflects the organization’s current practices and policies.

Policies that prohibit recording or taking pictures or video recordings in the workplace are still pretty common in handbooks. Employers may have valid reasons for implementing these policies, such as preventing the capture of confidential or proprietary business information.

Last week the U.S. Department of Labor (DOL) announced (5/1 Field Assistance Bulletin) it will stop enforcing its Biden-era regulations on determining what an independent contractor (IC) is and go back to a standard set in mid-2008. The Biden-era rule laid out six criteria to determine independent contractor status. This rule made it harder to classify a worker as an independent contractor.

For many positions to be exempt under the Fair Labor Standards Act (FLSA) it must meet three tests to be Executive, Administrative, or Professional (EAP) exempt. Exempt positions do not have to be paid overtime at time and one-half (1.5x) or keep records of hours worked. The three exemption tests are:

As a life-long employer advocate, I have to admit to the feeling of schadenfreude when I hear of the always sanctimonious unions getting caught violating the National Labor Relations Act (NLRA) with their own employees. Unions love to catch and hold employers up as unfair when they allegedly violate labor law so it’s somewhat satisfying to see them reap what they sow.

Last month in our March 21st Conversations with Mike and Tony, along with some recent changes to OSHA penalties and recent data on job injuries, we also talked about the fact that David Keeling was nominated by President Trump to head the Occupational Safety and Health Administration (OSHA). His confirmation by the Senate is still pending, but what might Mr. Keeling consider changing?

This past January President Biden signed the 21st Century Veterans Healthcare and Benefits Improvement Act. This new law expands protections under the Uniformed Services Employment and Reemployment Act, more commonly known as USERRA (passed in 1994). USERRA is the basis for many employers’ Military Leave policies. USERRA prohibits employers from discriminating against, harassing (allowing) or retaliating against veterans and service members, and provides reemployment and other rights...

Summer is approaching fast. Many employers employ minors during their summer break from school. Employers should keep in mind that youth employment generally requires a work permit – even when school is on summer break. If you have work for a person 17 years or younger, be aware of the employer’s obligations under the Youth Employment Standards Act. (1978 PA 90, MCL 445.106)