19

Feb

2019

Paid Time off for Parental Leave is on the Rise

Author: Kristen Cifolelli

While Michigan employers are preparing for the new Michigan Paid Sick Leave Act that takes effect on March 29th, another paid leave benefit is on the rise.  Employers offering paid parental leave benefits rose significantly between 2016 and 2018 according to SHRM.  Employers offering paid maternity leave increased from 26% to 35% in 2018, and paid paternity leave increased from 21% to 29% during that same time period.  Paid adoption leave increased from 20% to 28%, foster child...

19

Feb

2019

Developing or Integrating Your Organization’s Paid Time Off to Comply with Michigan’s New PTO Law

Author: Michael Burns

With the passage of and impending enactment date (March 29, 2019) of Michigan’s new Paid Medical Leave Act, employers that are covered are hastily reviewing their existing vacation, sick, and personal time, as well as formal Paid Time Off benefits and policies to see how far off they may be from compliance with the new law.

12

Feb

2019

Do You Have an Office Valentine?

Author: Heather Nezich

One out of every three American adults currently are or previously have been in a workplace romance, according to a new poll released by SHRM—the Society for Human Resource Management.  To help deal with the complications of workplace romance, many organizations implement love contracts.

12

Feb

2019

Limitation of Actions Agreement – A Somewhat Obscure but Sometimes Very Effective Employment Term

Author: Michael Burns

Does your company effectively limit an employee’s right to sue? Michigan employers have the right to restrict the time an employee can bring wrongful employment practice claims under Michigan law. This may be accomplished through the use of a simple Limitation of Actions clause. The typical Limitation of Actions term states:

5

Feb

2019

Record Setting Polar Vortex - What is Your Inclement Weather Policy?

Author: Kristen Cifolelli

Many organizations found themselves unprepared for the record cold that gripped the Midwest for days last week.  Inclement weather can have a serious impact on an employer’s productivity, be it managing employees who can’t make it into work due to heavy snowfalls or school closings, or trying to figure out whether to send employees home early due to an approaching blizzard or closing the office and allowing telecommuting due to the bitter cold.

8

Jan

2019

Mistakes Managers Make That Can Trigger Lawsuits

Author: Heather Nezich

Employer law suits have increased over the years.  And whether legitimate or not, they cost employers time and money.  Many of these lawsuits are not triggered by blatant abuse of employment laws, but rather simple managerial mistakes.

18

Dec

2018

Pregnancy Discrimination Act Refresher

Author: Anthony Kaylin

In 1978 Congress passed the Pregnancy Discrimination Act (PDA).  The first clause of the PDA specifies that Title VII's prohibition against sex discrimination applies to discrimination "because of or on the basis of pregnancy, childbirth, or related medical conditions."  The PDA's second clause states that employers must treat "women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or...

14

Dec

2018

Breaking News - Governor Snyder Signs Michigan Minimum Wage and Earned Sick Time Laws

Author: Michael Burns

Late Thursday, Governor Snyder signed the Minimum Wage law (SB 1171) that takes Michigan’s minimum wage to a maximum of $12.05/hr. in 2030 and removed the future indexing of the minimum wage to inflation. He also signed the Earned Sick Time law (SB 1175) that implements paid time off for employee or family member illness, injury, domestic violence, and sexual assault. The new law applies to employers with over 50 employees.

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...
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