23

May

2017

Summer Vacation is Rapidly Approaching – Do You Know the Guidelines for Employing Minors?

Author: Kristen Cifolelli

As the summer rapidly approaches, many employers will supplement their seasonal workforce with minors under the age of 18.  While this is a great opportunity to give a youth the ability to learn work skills, employers need to be aware of the special requirements and their obligations for employing a minor.

9

May

2017

Best Practices for Auditing I-9 Forms

Author: Kristen Cifolelli

Immigration issues are high priority for the current administration, and the U.S. Immigration and Customs Enforcement agency (ICE) has indicated that it will be increasing their enforcement activities this year.   As a result of this intensified focus on immigration compliance, employers should be wary of potential ICE inspections of employer I-9 Employment Authorization Verification records.  In 2016, employer penalties for I-9 form infractions and paperwork errors increased...

2

May

2017

Is it Legal to Pay a Woman Less if Based on Salary History?

Author: Heather Nezich

Solely based on Federal law…yes.  A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history.  This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.

2

May

2017

Does Title IX Apply to Co-ops and Interns?

Author: Anthony Kaylin

Summer is approaching and many employers hire co-ops, interns and work study students during that time period.  When employing a student and the student is the object of harassment, the question is whether the student can seek relief under Title VII of the 1964 Civil Rights Act (Act), Title IX of the Act, or both.  A recent case from the federal Third Circuit Court of Appeals answered affirmatively that both could apply.  

2

May

2017

Federal Compensatory Time Off Legislation Introduced

Author: Michael Burns

One of the more frequent questions ASE receives from private employers is about how to practice compensatory time off. Compensatory time off is the practice of “paying” overtime worked through paid time off at some later time. ASE frequently advises that most compensatory time practices are illegal. The Fair Labor Standards Act (FLSA) requires payment to non-exempt employees (hourly and salaried) of time worked over 40 hours in a week at time and one-half pay. Therefore, if an...

18

Apr

2017

Piecework Pay, Bonus and Overtime Pay – How do They Collide?

Author: Michael Burns

Piecework pay is not a common pay practice today. In fact, ASE’s most recent Pay Administration Survey found no participants paid on a piece-rate in the Southeast Michigan area. However, in some industries this is still a pay practice.

4

Apr

2017

China’s New Compliance Requirements

Author: Anthony Kaylin

In 2016 China’s Ministry of Human Resources and Social Security (Ministry) issued a set of Measures for Evaluating Compliance and Integrity of Employers’ Labor Protection that began to be enforced on January 1, 2017.  All employers, domestic and foreign, will be graded on compliance with Chinese law using an ABC approach.  If an employer is graded a B or C, it means added inspections and evaluations, and with C grades the leader of the local unit will have to schedule...

28

Mar

2017

Anti-Trust Concerns in Hiring and Compensation

Author: Michael Burns

On the list of wrongful employment practice issues, the risk of engaging in illegal anti-trust practices is pretty far down there. But everyday, employers in competitive industries (think tech) aggressively recruit and seek to retain valuable talent through various employment policies and practices. Some employers take these practices too far. What kinds of employment practices could result in a federal anti-trust lawsuit?

21

Mar

2017

When May an Employer Inquire about an Employee’s Medical Condition?

Author: Michael Burns

When strange behavior or certain performance issues are very subtle, should an employer inquire about a medical condition? On one hand, an employer may feel constrained in asking about whether an employee is experiencing a medical problem when an employee exhibits a change in behavior or is not acting the same as usual. Is observable fatigue, irritability, or poor performance just a bad day or is it a medical condition that will raise disability issues. On the other hand, failing performance...

21

Mar

2017

No Man is an Island - But Your Authorization and Disclosure Forms Must Be

Author: Chance,Susan

No man is an island entire of itself . . . In Meditation XVII John Donne writes of how we are all connected to one another.  As human beings, connection with others is essential to our well-being. However, when it comes to Authorization and Disclosure Forms, it is being an island that is essential to being in compliance with FCRA requirements. 

14

Mar

2017

Joint Employment Status Tests Continue to Evolve

Author: Michael Burns

There has been a lot of judicial activity involved in trying to identify an appropriate test for determining whether an employee is in fact actually employed by two different employers. This circumstance generally arises when one business (primary) engages another (secondary) and the contracting business exercises sufficient control whereby the “law” is compelled to treat them jointly.

14

Mar

2017

A Rise in Pay Equity Claims Will Hit Employers Hard in the Future

Author: Anthony Kaylin

Although Equal Pay Act (EPA) EEOC charges are small in number, the trend is growing.  Over the past three years, the number of charges filed rose from 938 to 1,075 or 15%.  These type of cases tend to have large victim classes.  Acting Chair Victoria Lipnic, in a webinar hosted by Seyfarth Shaw on February 9, 2017, identified that the EEOC has not brought many equal pay cases, but stated, "I am very interested in equal pay issues. It's something I would consider a priority."

14

Mar

2017

Do You Know What to do if ICE Comes Knocking on Your Door?

Author: Kristen Cifolelli

U.S. Immigration and Customs Enforcement (ICE) has indicated that it will triple its I-9 audits this year.  When ICE audits your I-9 forms, they may assess civil financial penalties for mistakes made in completing I-9 forms. These types of mistakes are called paperwork violations and are distinct from the more serious violations that result from hiring unauthorized workers. Fines have increased and the laws are being enforced more diligently. Are you prepared?

7

Mar

2017

Has OFCCP’s Mission Run Its Course?

Author: Anthony Kaylin

A current question before the Trump Administration is whether the OFCCP has outlived its usefulness.  The Heritage Foundation rightly asks whether there is a need for the OFCCP given that many of its current initiatives are the purview of other agencies. Moreover, there is a real question of the effectiveness and ROI of the agency. 

28

Feb

2017

Trouble Caused by Post-it® Notes for Texas Roadhouse Restaurant Chain

Author: Kristen Cifolelli

Employers have long known about being careful when it comes to appropriate non-discriminatory hiring practices and the legal risks involved when they are not.  Interview notes can become problematic when they contain inappropriate comments or evidence that potentially discriminatory hiring practices may have been used.  The restaurant chain Texas Roadhouse has found out the hard way how something as simple as a Post-it® could become key evidence in an age discrimination lawsuit.
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