11

Dec

2018

Tis the Season in the #MeToo Era – Fewer U.S. Companies Celebrate with Holiday Parties

Author: Kristen Cifolelli

While the holidays are a wonderful time of the year to let down your hair, blow off some steam, and boost morale within the office, employers must be cautious about legal liability that can result from sexual harassment complaints, drunken driving accidents, and property damage arising out of a holiday party.  According to a recent survey released by consulting firm Challenger, Gray & Christmas Inc., fewer U.S. companies are celebrating with holiday parties this year with only 65% of...

27

Nov

2018

Preliminary Survey Results - ASE Drug Testing and Marijuana Legalization Survey

Author: Jason Rowe

Michigan is the first Midwestern state to legalize the use of recreational marijuana by a vote of 56% to 44%. What does that mean for Michigan employers? The preliminary data from ASE’s Drug Testing and Marijuana Legalization Survey provides insight into employers’ first thoughts on where their policies and practices currently stand and what changes, if any, they are considering.

20

Nov

2018

Better Family Policies Key to Fixing Labor Participation Rate

Author: Kevin Marrs

Is your organization struggling in this new era of full-employment?  According to a study from the Federal Reserve Bank of San Francisco the U.S. is now at full employment.  And while most would look at full employment as a good thing, it does bring with it some challenges.  Notably, a lack of qualified talent and meeting the demand to increase salaries in order to attract and retain talent, to name a few.

13

Nov

2018

Reduce Presenteeism – It Isn’t Helping Anyone

Author: Heather Nezich

Flu season has arrived and one of the biggest hazards might be your own employees, or you.  Why? People coming to work sick, otherwise known as presenteeism.   According to an office team survey 70% of workers admit to frequently going to work sick.   

16

Oct

2018

Illinois Employee Reinstated Contrary to Company No Gun Policy

Author: Michael Burns

Last week the Seventh Circuit Court of Appeals re-instated an employee terminated because while arguing with his supervisor he allegedly made threatening remarks. It was also known the employee carried concealed weapons on his person or in his vehicle. This would be in breach of the company’s workplace violence policy that prohibits employees from possessing unauthorized weapons in the workplace. Several days later representatives of the company along with a union representative and a...

4

Sep

2018

The Value of Continuous Background Screening

Author: Susan Chance

You run pre-employment background checks on your candidates, and those that pass your company policies for screening are hired. Education and employment information that has been verified won’t change, but criminal records, driving records, and credit reports can change. How do you know if your employees still meet the necessary criteria for their job? Many employers are moving to a continuous screening process to aid in risk management.

28

Aug

2018

Sixth Circuit Court Falls into Line with Right of Employers to Enforce Class Action Arbitration Clauses

Author: Michael Burns

On August 15th the Sixth Circuit Court of Appeals handed down a ruling upholding an employer’s agreement to arbitrate claims individually.  This decision was in line with the recent Supreme Court decision that determined the National Labor Relations Act’s (NLRA) stated right of collective concerted activity did not supersede the Federal Arbitration Act (FAA). In its Epic Systems Corp. v. Lewis decision (138 S. Ct. 1612 [2018]) the U.S. Supreme Court (SCOTUS) held that the...

7

Aug

2018

Employee Handbook Union-Free Policy Statements

Author: Michael Burns

ASE reviews dozens of employee handbooks each year along with hundreds of individual policies being written or updated by our members. One policy that does not get a lot of attention nor is found in many employee handbooks these days is a statement on union-free status.

24

Jul

2018

Sheriffs Not Entitled Pay for Donning, Doffing, and Travel to Work

Author: Michael Burns

The Portal to Portal Act (1947) was enacted to clarify hours worked wage issues that the Fair Labor Standards Act (FLSA) (1938) did not address. The general rule put in place by this amendment was enunciated in a U.S. Supreme Court decision one year prior (1946).  The rule stated that if the employee was engaging in activities that benefit the employer, he or she should be paid for those services regardless of where the work was performed. It also specified that normal travel to and from...

26

Jun

2018

Employee Non-compete Agreement Developments Continue in 2018

Author: Michael Burns

ASE is following judicial and other developments in the areas of employee non-compete and no -poaching (also known as No-Collusion) terms normally used to restrict employee job hopping activity. As addressed earlier this year in ASE’s EPTW articles, the USDOJ continues to update its Anti-Poaching Agreement Position (4/18/2018) and Know Your Restrictive Covenant’s Terms and Definitions (4/23/2018).  The courts and the government (both state and federal) are attacking...

19

Jun

2018

Use of Employee Personal Devices for Work

Author: Michael Burns

Allowing employees to use their own personal electronic devices for doing work presents compliance concerns. From the human resources compliance perspective, employers’ concern is often focused on non-exempt employees being paid legally for working off the clock by responding to emails, texts, and phone calls after hours. Other compliance concerns include performance management, discrimination, harassment, privacy, and safety.

22

May

2018

Smartphones Require BYOD Policies

Author: Keisha Ward

Bring your own Device (BYOD) is an area that all organizations are having to address more today then ever before.  According to SHRM, in 2017 86% of employees used their personal smartphones for work. As we grow more and more reliant on technology and more accustomed to having information readily available, the desire to use one’s own personal device increases. 

22

May

2018

Automated External Defibrillator Use and Liability – What’s Happening Now?

Author: Michael Burns

The number of companies choosing to install Automated External Defibrillators (AED) has grown considerably over the years. ASE’s 2017/18 Michigan Policies and Benefits Survey showed over 73% of employers have one or more AEDs on-site. AEDs are life savers. There are over 350,000 cardiac arrest incidents each year. OSHA reported that about 10,000 of these occurrences happened at work.  It is estimated that 95% of those persons die before reaching the hospital. However, if a person...

15

May

2018

Make Sure Your Substance Abuse Policies are Up to Date

Author: Michael Burns

It is recommended employers (and their HR professionals) check their substance abuse policies to ensure they are up to date given some ongoing regulatory and judicial developments. Three developing substance abuse areas Michigan employers need to be aware of are:

24

Apr

2018

Tornado Season is Here – Is Your Organization Prepared?

Author: Kristen Cifolelli

Spring has finally seemed to make its way to Michigan, but as the weather turns warmer along with it comes spring storms and the possibility of tornados.  While tornados can occur any time of the year, they are especially common during the late spring and early summer months in Michigan. As one of nature’s most violent storms, they can devastate homes, businesses, and property in just seconds.  The most violent tornados may have wind speeds of 250 mph or more and may last for...
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