Business COVID Liability Protections Debated Along with Financial Relief for Unemployed Workers

15 December 2020

Business COVID Liability Protections Debated Along with Financial Relief for Unemployed Workers

Author: Michael Burns

In-house General Counsels were surveyed recently by Morrison & Foerster LLP, and responses indicate that many are bracing for an influx of employment related litigation resulting from the COVID health crisis. 90% of the 80 General Counsel surveyed at global corporations saw wrongful employment practice litigation as the biggest legal risk they foresee.

Managing Working Parents

1 December 2020

Managing Working Parents

Author: Anthony Kaylin

According to the latest U.S. Census report on employment characteristics on families, of the nation's 82.6 million families, 33.4 million families, or two-fifths of all families, included children under age 18. At least one parent was employed in 91.3% of families with children.  Among married-couple families with children, 97.5% had at least one employed parent in 2019, and 64.2% had both parents employed.

Should Employers Stop Using NDAs for Discrimination Settlements?

24 November 2020

Should Employers Stop Using NDAs for Discrimination Settlements?

Author: Anthony Kaylin

As a general par for course, many organizations routinely use a nondisclosure agreement (NDA) in settlements of discrimination claims.  What the NDA includes are confidentiality provisions and nondisparagement clauses to settle discrimination and other workplace complaints.

My Kids Are in Remote Learning and I am Running Out of Time

3 November 2020

My Kids Are in Remote Learning and I am Running Out of Time

Author: Anthony Kaylin

The Families First Coronavirus Response Act (“FFCRA”) was enacted in March 2020 which expanded both medical leave and the Family Medical Leave Act – providing both as paid leave. This legislation is also known as the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”).  The law impacted employers with 500 or less employees, and it was just for the calendar year 2020.

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

15 September 2020

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

Author: Anthony Kaylin

When employees, especially sales people, have access to various electronic devices, databases, and documents from an organization, at what point does a company have a right under the federal Computer Fraud and Abuse Act (CFAA) to bring a case against an exiting employee for computer fraud? 

Employers Should Prepare for How the School Year Will Affect Employees

4 August 2020

Employers Should Prepare for How the School Year Will Affect Employees

Author: Linda Olejniczak

The case for reopening schools and day care centers during the pandemic is strong. However, reopening schools also means exposing more kids to the virus, which could mean 14-day quarantines for families.  What does this mean for employees and employers?

Considerations for PTO Donation Programs

21 July 2020

Considerations for PTO Donation Programs

Author: Linda Olejniczak

Employee interest in paid time off or paid leave banks has increased during the recent COVID-19 pandemic. In a recent ASE poll, 25% of organizations have a PTO donation program.

Background Checks Aren’t Just for New Employees – Keep Your Workplace Safe with Ongoing Screening

14 July 2020

Background Checks Aren’t Just for New Employees – Keep Your Workplace Safe with Ongoing Screening

Author: Susan Chance

Do you know what your employees have been up to during the four months of the stay-at-home order? If you are watching the news, you know that a lot of people have been up to protesting, sharing their views on wearing masks, and sharing political views.

Mask Wearing – Employees and Customers May Utilize to Express Their Political or Social Views

14 July 2020

Mask Wearing – Employees and Customers May Utilize to Express Their Political or Social Views

Author: Michael Burns

In May EPTW published an article conjecturing that employers would likely face masking issues involving inappropriate images and messages on worker face wear. We stressed, for the most part, that employers have control over what employees wear in the workplace unless overridden by formal federal or state safety and health regulation or a collective bargaining agreement.
How to Handle Summer Vacations During COVID-19 Pandemic

7 July 2020

How to Handle Summer Vacations During COVID-19 Pandemic

Author: Linda Olejniczak

Summer means vacation time in Michigan.  ASE is receiving many questions regarding what happens when employees return from their trips.

Mask Wearing and Other New Safety and Health Rules – Employees and Customers May Express Their Opinion. Be Ready to Reply.

19 May 2020

Mask Wearing and Other New Safety and Health Rules – Employees and Customers May Express Their Opinion. Be Ready to Reply.

Author: Michael Burns

Although employers will be implementing many new safety and health practices in the coming weeks and months, there will also be employee relations challenges as a result. Some employees will come back believing that wearing a face mask at work is a request not a requirement. Some may even take rules requiring wearing a face mask as a political challenge or an afront to their personal liberties. Employers will need to be ready to communicate why the employee cannot ignore or refuse to comply...
Contemplating Policy Concerns with Employee Masking

21 April 2020

Contemplating Policy Concerns with Employee Masking

Author: Michael Burns

ASE has turned its Coronavirus resourcing toward returning to work. In the coming days and weeks, ASE will be putting out resources and webinars to help employers prepare for their restart/re-opening. Much of this will be about safety. One safety recommendation is face masking.

Companies Are Scurrying to Implement Virtual Work Policies

17 March 2020

Companies Are Scurrying to Implement Virtual Work Policies

Author: Heather Nezich

Employers are taking quick action to keep their employees safe from COVID-19 (Coronoavirus). According to the March study of 1,097 adults, a third of respondents say their organizations have a plan in place they are confident about and 43% have a basic plan—even if it is "hastily assembled". Most plans center on remote work and travel restrictions. Specifically:

FAQ’s for Potential HR Issues Arising from the Coronavirus

10 March 2020

FAQ’s for Potential HR Issues Arising from the Coronavirus

Author: Anthony Kaylin

As of March 11, it is reported that the global death toll from the virus is now around 4,300. COVID-19 has infected over 119,500 people across the world and spread to more than 80 countries and territories so far.  There have been 30 reported deaths in the United States with over 1,000 reported cases.  Two cases are now being reported in Michigan (Wayne County – domestic travel identified and currently in isolation; Oakland County – international travel identified and...
Keeping Up With Cannabis in the Workplace in Michigan

18 February 2020

Keeping Up With Cannabis in the Workplace in Michigan

Author: Michael Burns

ASE is monitoring Michigan’s experience with recreational marijuana and its impact on the workplace. Though not providing too much in the way of new information a recent article provided by CCH Ideas and Trends puts a finer point on employer compliance responsibilities in states where recreational marijuana use is legal.

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