American Society of Employers
COBRA Changes Under the American Rescue Plan

13 April 2021

COBRA Changes Under the American Rescue Plan

Author: Anthony Kaylin

Congress has made another avenue of health coverage more accessible by fully subsidizing the cost of COBRA coverage (or the Consolidated Omnibus Budget Reconciliation Act of 1985) from April 1 - September 30, 2021 for individuals who lost their health coverage due to an involuntary termination or a reduction in hours under the American Rescue Plan Act of 2021 (ARP).

Michigan Unemployment Expansions Expired as of March 31, 2021

6 April 2021

Michigan Unemployment Expansions Expired as of March 31, 2021

Author: Anthony Kaylin

Unemployment requirements are now reverted back to the way it was before the pandemic hit Michigan.  Temporary expansions in unemployment eligibility and cost-sharing applicable to state unemployment claims established by Gov. Whitmer’s Executive Order 20-76, and temporarily codified in statute, expired on March 31, 2021. The last week that the flexibilities apply was the week ending March 27, 2021.

Michigan Employer Workplace Pandemic Safety Regulations Are Still in Effect

6 April 2021

Michigan Employer Workplace Pandemic Safety Regulations Are Still in Effect

Author: Michael Burns

ASE is receiving calls asking whether worker pandemic safety rules are still in effect. Yes, they are. MIOSHA Emergency Rules put in place last October remain in effect until at least April 16th and are, at this point with Michigan cases on the rise, expected to be extended possibly for another six months.

Know Employment Credit Check Limitations Per State – Part 3

6 April 2021

Know Employment Credit Check Limitations Per State – Part 3

Author: Susan Chance

This is the last installment in the list of locations which have laws restricting the use of credit checks in employment decisions. Keep in mind that laws are constantly changing, and new laws can be enacted at any time.

Employee Speaking to Reporter Was Protected Concerted Activity

30 March 2021

Employee Speaking to Reporter Was Protected Concerted Activity

Author: Michael Burns

The National Labor Relations Board (NLRB) held that an employer committed an unfair labor practice when it fired an employee for participating in an interview with a journalist about minimum wage law in Arkansas.

Pay Equity a Focus of the Biden Administration

23 March 2021

Pay Equity a Focus of the Biden Administration

Author: Anthony Kaylin

Today, March 24, 2021 is Equal Pay Day.  Equal Pay Day denotes how far into the new year women must work to be paid what men were paid the previous year. Started by the National Committee on Pay Equity (NCPE) in 1996, the goal was to raise awareness about the gender wage gap.  Although there are various analyses of what the gap is, all agree there is a gap.

Center for Disease Control (CDC) Issues Employer Vaccination Program Guidance

23 March 2021

Center for Disease Control (CDC) Issues Employer Vaccination Program Guidance

Author: Michael Burns

Last week the CDC published guidance for employer vaccination programs. The CDC is encouraging employers to promote the value of getting vaccinated as soon as possible. This includes building employee confidence toward getting vaccinated, helping determine when employees can get vaccinated, deciding whether onsite or offsite vaccination programs make sense to promote, and suggestions about how to avoid workers unexpectedly having to be off work due to vaccine side effects.

What Employers Need to Know About the American Rescue Plan

16 March 2021

What Employers Need to Know About the American Rescue Plan

Author: Anthony Kaylin

Last week Congress passed the $1.9 trillion American Rescue Plan (ARP) Act of 2021 and it was signed into law on Friday.  The ARP also extends some of the Consolidated Appropriations Act, 2021 (CAA) provisions that were signed into law on December 27, 2020.  Below are provisions that will impact employers. 

Know Employment Credit Check Limitations Per State – Part 2

16 March 2021

Know Employment Credit Check Limitations Per State – Part 2

Author: Susan Chance

In my last article, Know Employment Credit Check Limitations Per State, I provided information on some of the states that prohibit credit checks for employment purposes unless certain exceptions apply. There are additional states with similar laws, and here is the information on some of the remaining states.
Will Companies be Responsible for Their Subcontractor’s Compliance Inadequacies?

9 March 2021

Will Companies be Responsible for Their Subcontractor’s Compliance Inadequacies?

Author: Anthony Kaylin

What is the role of the HR professional?  Slowly it is turning more into a compliance role – not just for the employer, but of the employer’s contractors and subcontractors.  Many in HR will say, “Really?” But it is happening.  For example, under the Bush administration in the 2000s, I-9 compliance was pushed, and HR professionals were forced to become I-9 specialists. There was pushback, but essentially the government got their way.
Can I Surveil My Employees?

2 March 2021

Can I Surveil My Employees?

Author: Anthony Kaylin

Many organizations are reviewing their security and surveillance policies and looking to update them.  A common question coming into the ASE Research Hotline is whether the employer can utilize video surveillance and have voice/sound recording.  The simple answer is yes for video and maybe for voice/sound recording.

Salary History Bans – Know the Limitations

2 March 2021

Salary History Bans – Know the Limitations

Author: Sheila Hoover

ASE has received many questions regarding the salary history ban many states have enacted recently. A salary history ban prohibits employers from asking applicants about their current or past salaries, benefits, or other compensation.  

Paid Military Leave Required Under USERRA?

2 March 2021

Paid Military Leave Required Under USERRA?

Author: Michael Burns

ASE’s 2019/20 Michigan Policies and Practices Survey reports that although most employers offer all necessary time off to employees that are in the military or national guard, most do not offer any supplemental pay to employees that go on military leave for such activities as annual National Guard training or Army Reserve active duty services.  Based upon a 7th Circuit Court of Appeals decision handed down at the start of February, this may be about to change.
Court Supports Firing of Employee Who is “Legal Eagle”

23 February 2021

Court Supports Firing of Employee Who is “Legal Eagle”

Author: Anthony Kaylin

Employees, at times, seem to be better lawyers than the employment lawyers – or so they think.  How many times has HR or a supervisor been threatened by an employee for violating their rights or discriminating against them when in reality, they are simply trying to get an employee to perform and follow direction. Employers have broad discretion for terminating employees according to the 6th Circuit Court of Appeals, which covers Michigan.

Know Employment Credit Check Limitations Per State

23 February 2021

Know Employment Credit Check Limitations Per State

Author: Susan Chance

Most employers are at least somewhat familiar with the restrictions placed on employment credit checks by California and New York City, but there are additional states and cities with restrictions on employment checks.

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