American Society of Employers - Anthony Kaylin
NLRB’s Changing View on Penalties and ETS Implementation on a Union Workforce

23 November 2021

NLRB’s Changing View on Penalties and ETS Implementation on a Union Workforce

Author: Anthony Kaylin

The General Counsel to the National Labor Relations Board (NLRB), Jennifer Abruzzo, continues her strict interpretation on protecting employees from employers who may be violating their rights.  For example, although the NLRB does not have the authority to impose fines, penalties, or punitive damages on an employer, it does have significant remedial authority to provide "whole relief" to the charging party.  Abruzzo wants to extend the definition of “whole relief” to...
Should the U.S. Have Paid Family Leave?

16 November 2021

Should the U.S. Have Paid Family Leave?

Author: Anthony Kaylin

If the majority were to get their way, the answer would be yes.  Some states, such as California, have a form of paid family leave, but funding on a country-wide legislative mandate is still up in the air.  A number of issues arise from the length of family leave to the vehicle to provide payments to the breadth of family leave – all daunting issues.

Do You Have a Gaslighting Manager?

9 November 2021

Do You Have a Gaslighting Manager?

Author: Anthony Kaylin

Have you ever had a manager that promotes your work, tells you all the right things, and generally is positive to your face, but then you find out the manager badmouths you to others, takes credit for your ideas, and essentially freezes you out from key meetings and conversations?  That is a gaslighting manager.  Gaslighting is a form of psychological abuse where a person will say and do things and later deny they ever happened. They will undermine you, manipulate you, and later...
With a Vaccine Mandate Coming, HR Should be on Alert for Fake Vaccination Cards

2 November 2021

With a Vaccine Mandate Coming, HR Should be on Alert for Fake Vaccination Cards

Author: Anthony Kaylin

With air travel opening and requirements for vaccines required, the fake vaccine card market is taking off.  There are a number of cases reported in the news.  For example, a spelling-challenged Illinois woman who doesn't know her Moderna from 'Maderna' was arrested after using a fake COVID-19 vaccination card to go on vacation in Hawaii.  In another case, a New Jersey woman calling herself the “AntiVaxMomma” on Instagram sold several hundred fake COVID-19...
Updates to the Illinois Equal Pay Act Reporting

26 October 2021

Updates to the Illinois Equal Pay Act Reporting

Author: Anthony Kaylin

In June the Illinois legislature passed amendments to the Illinois Equal Pay Act reporting requirements, which unfortunately makes it more confusing for employers.  This law is ever evolving and will likely evolve again.

Should Unvaccinated but Previously Infected with COVID-19 Employees Be Exempt from Mandatory Vaccinations?

19 October 2021

Should Unvaccinated but Previously Infected with COVID-19 Employees Be Exempt from Mandatory Vaccinations?

Author: Anthony Kaylin

There is a growing argument that there should be three types of people considered under COVID-19 protocols:  unvaccinated, vaccinated, and previously infected.  This argument claims that because they were infected, they have the antibodies similar to vaccinations, and in certain studies, better protected than those who are vaccinated.

Update on HIPAA and COVID

12 October 2021

Update on HIPAA and COVID

Author: Anthony Kaylin

U.S. Department of Health & Human Service (HHS) issued additional guidance concerning how HIPAA rules intertwine with the COVID environment.  The guidance provides greater clarity to employers as to when HIPAA does and does not apply in various situations. The following is a rundown of the guidance.

Transgender Employee Restroom Access – Are You Compliant?

6 October 2021

Transgender Employee Restroom Access – Are You Compliant?

Author: Anthony Kaylin

Last month, the Supreme Court declined to take up the issue of whether the nation's schools must allow students to use the bathroom that matches their gender identities.  In that case, a 4th Circuit Court of Appeals decision, the court ruled in favor of Gavin Grimm, a transgender man who sued his Virginia high school for barring him from using the boys’ restroom.  Grimm stated that “[b]eing forced to use the nurse’s room, a private bathroom, and the girl’s...
Guidelines for Federal Contractor Compliance with the Safer Federal Workforce Task Force

28 September 2021

Guidelines for Federal Contractor Compliance with the Safer Federal Workforce Task Force

Author: Anthony Kaylin

The new Guidance from the Safer Federal Workplace Task Force (“Task Force”) issued on September 24, 2021, in response to the President’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, outlines the following requirements for federal contractors and subcontractors:
Watch Out Nonunion Employers:  NLRB is Again Out to Get You

21 September 2021

Watch Out Nonunion Employers: NLRB is Again Out to Get You

Author: Anthony Kaylin

After four years under a republican administration, the National Labor Relations Board (NLRB) is now shifting back to the priorities of the Obama Administration.  Unionization is favored, and the NLRB will be pushing the envelope to expand the traditional boundaries of the NLRB.  NLRB General Counsel, Jennifer A. Abruzzo, has issued her first memo—Mandatory Submissions to Advice Memorandum (GC 21-04), which lays out a clear agenda as to the priorities of the Office...
Questions Surrounding the New Vaccine Executive Order

14 September 2021

Questions Surrounding the New Vaccine Executive Order

Author: Anthony Kaylin

Last week, President Biden directed OSHA to issue an Emergency Temporary Standard (ETS) that will require all employers with 100 or more employees to ensure that their employees are either fully vaccinated or that the unvaccinated employees produce a negative test weekly before coming to work. The ETS will also require these employers to provide paid time off for their employees to get vaccinated or to recover if they are “under the weather post-vaccination.”

Another Henry Ford Management Innovation Comes Back Around Again

7 September 2021

Another Henry Ford Management Innovation Comes Back Around Again

Author: Anthony Kaylin

Henry Ford came up with the number one management idea of the 20th Century: pay the employees what they are worth.  On January 5, 1914, Henry Ford doubled his workers wages to $5 a day, which brings us back to the early days of ASE’s history as the labor exchange providing workers to Ford Motor Company.  By increasing the wages, it paid not only for the way the work was being done, but also valued the time the worker spent in a monotonous setting.  It also gave the...
Should You Charge the Unvaccinated a Surcharge for Their Healthcare?

31 August 2021

Should You Charge the Unvaccinated a Surcharge for Their Healthcare?

Author: Anthony Kaylin

Recently Delta Airlines announced that it will charge employees on the company health plan a $200 per month additional charge if they fail to get vaccinated against COVID-19. 

Delta argues that the costs of hospital stays for COVID total, on average, about $40,000-$50,000 per incident thus driving up healthcare costs for all employees.

 
Yes, Employers Have a Right to Know Vaccination Status

24 August 2021

Yes, Employers Have a Right to Know Vaccination Status

Author: Anthony Kaylin

As ASE has written about previously, a vaccine mandate is allowed under law, except in jurisdictions which do not allow it, e.g. Montana. In addition, vaccine mandates in a union environment is still under question as to whether it has to be negotiated.  But employers are not flocking to this mandate.  In a recent ASE survey of 143 Michigan organizations, a majority of those surveyed (74.1%) continue to encourage vaccinations, but not mandate them.  Yet, the Delta variant...
The Great Job Mismatch

17 August 2021

The Great Job Mismatch

Author: Anthony Kaylin

With all who are unemployed and those who are actively looking for a new job while working, jobs are not being filled.  There are a reported 9 million jobs available.  Economists are calling the new paradigm “The Great Job Mismatch.”  What is driving this trend?

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