30

Jun

2020

Outside Sales Exemption Gets Three DOL Opinion Letter Reviews

Author: Michael Burns

In the world of Wage and Hour law exemption determination there is the Fair Labor Standards Act (FLSA) that is the law on what jobs are “exempt” from most recordkeeping and payment of overtime for work over 40 hours in a week.

30

Jun

2020

Step Up Against Hiring Discrimination

Author: Sheila Hoover

As talent acquisition professionals, we are all trained to hire the candidate who best fits the position description and company culture, no matter what race, religion, national origin, age, disability, or sexual preference the candidate is.  We know the consequences of not hiring the best skilled candidate because of bias in the workplace.  But do we really step up to ensure it does not happen?

23

Jun

2020

Be Aware of State Laws Surrounding Criminal History Regarding Marijuana

Author: Susan Chance

Marijuana is still an illegal substance at the federal level. However, at the state level there are only eight states that have not made marijuana use legal to some degree. The biggest majority of states have legalized marijuana at the medical use level. There are 11 states which have decriminalized the use of marijuana for medical or recreational use. This can affect past criminal records.

23

Jun

2020

Employees Under 59 ½ Can Take Retirement Plan Distributions Without Penalty Under CARES Act

Author: Michael Burns

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed in response to the COVID-19 pandemic. This law allows retirement plan participants access to their retirement plans through plan account distributions and loans that do not suffer the 10% penalty tax usually assessed for early distributions from plans. 

16

Jun

2020

Employer COVID-19 Screening Confidentiality

Author: Michael Burns

As we enter the next stage of re-opening during the COVID-19 pandemic, employee screening is a critical event. Employers electing to screen employees in any number of fashions (temperature check, questionnaire, and more formal testing) all have an important responsibility – that of confidentiality.

16

Jun

2020

Supreme Court Rules That Title VII Covers LGBTQ Employees

Author: Anthony Kaylin

In a surprising six-three decision written by Justice Neil Gorsuch, the Supreme Court ruled on Monday that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)).  Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees.  Michigan does not provide any...

9

Jun

2020

Bringing Reticent Workers Back

Author: Michael Burns

The New York Times printed a prominent article last week lamenting that workers have been asked to come back to their jobs, and those that are refusing because of fear are losing their jobs and often lucrative unemployment benefits they have been eligible for during the COVID-19 shutdown.

9

Jun

2020

How Will Employers Enforce Social Distancing and Mask Wearing?

Author: Anthony Kaylin

In the office or factory setting, people will be moving, meeting, or just hanging out by the water cooler.  Work, where people spend more waking time in their lives than any other place, is a social hub.  So how will employers deal with the physical distancing and mask wearing required in today’s new work site? 

9

Jun

2020

5 Considerations for Employee Health Screening

Author: Linda Olejniczak

Companies are looking for ways to make the workplace as safe as possible, and the concept of screening employees for COVID-19 has become part of the workday. What should you consider when evaluating screening methods?

2

Jun

2020

COVID-19 Safety Developments

Author: Michael Burns

On Monday the Governor moved to reopen that state by rescinding the stay-at-home order. Most businesses except for a few may now open by June 8th if not before (EO 2020-110). In the last week the state and federal agencies have moved to set up further reopening actions for employers.

2

Jun

2020

Businesses Prepare to Reopen as Summer Approaches

Author: Anthony Kaylin

Michigan is beginning its phased approach to reopening and is now in phase 4.  Employers will be busy this summer as they return to work.  It will be important to remain compliant with all COVID-19 legislation and health and safety guidelines.  Below are some items to consider as workplaces open.

26

May

2020

New Fluctuating Workweek Rule Allows Employers More Options as Employee Work Schedules May Change

Author: Michael Burns

Last week the U.S. Department of Labor (DOL) published its final rule addressing compensation for non-exempt employees that work flexible or “fluctuating” workweeks. This new rule updates the DOL’s regulations where it outlined how overtime is calculated for salaried non-exempt workers whose hours vary by week. This new rule became effective on 5/20/2020.

26

May

2020

12

May

2020

Be Aware of FCRA Requirements Regarding Authorization and Disclosure Forms

Author: Susan Chance

Back in 2017 the Ninth Circuit Court decided in favor of the plaintiff in Syed v. M-I, LLC, No. 14-17186 (9th Cir. 2017).  The employer included a waiver of liability in the disclosure form, which violated the Fair Credit Reporting Act (FCRA) requirement that no extraneous information be included in the disclosure. After several appeals, Syed won.

12

May

2020

Illness Preparedness and Response Handbook Policy

Author: Michael Burns

Moving forward through the COVID-19 pandemic will be a drawn-out process. If your firm has not drafted or revised your handbook to strengthen its existing policies, the following sample provides a basic policy that can be edited to your organization’s specific program and practice.

RSS

Filter:

Filter by Authors

LinkedIn Facebook Twitter YouTube

Contact

American Society of Employers

Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152

Contact Us
Phone: (248) 353-4500
Fax: (248) 353-1224