American Society of Employers
Keep Your Handbook Up to Date – Lactation and Remote Work Policies

30 May 2023

Keep Your Handbook Up to Date – Lactation and Remote Work Policies

Author: Michael Burns

With the passage of the PUMP Act last year employers with 50 or more employees should now consider including a policy addressing nursing mothers in the workplace. Employers under 50 in size may have an exemption but only if they can demonstrate that compliance for a particular employee causes undue hardship.

Two New Michigan Bills Introduce California’s Difficult to Meet ABC Contractor Test

23 May 2023

Two New Michigan Bills Introduce California’s Difficult to Meet ABC Contractor Test

Author: Michael Burns

Independent Contractors (IC) are now under threat in Michigan. Two Bills were introduced that would significantly reduce the number of independent contractors in this state. House Bill 4390 and 4391 brings California’s infamous ABC test to Michigan.

Can You Fire Someone for “Fit?”

16 May 2023

Can You Fire Someone for “Fit?”

Author: Anthony Kaylin

Be wary if terminating an employee due to “fit.”  In a case coming out of the U.S. Fourth Circuit Court of Appeals, the court found that the "not a good fit" approach may be a legitimate reason for termination, but many lawyers say this could lead to major liability for the employer.

Detroit Tigers Face Race and Age Discrimination Claim for Termination of Clubhouse Manager

16 May 2023

Detroit Tigers Face Race and Age Discrimination Claim for Termination of Clubhouse Manager

Author: Michael Burns

The Detroit Tigers longtime Visiting Team Clubhouse Manager was let go in 2022 based on poor ratings received by visiting ball clubs going back to a 2017-2018 survey. The 58-year-old manager had been employed in that position for over 30 years, and his ratings during that tenure had been generally positive. The released manager is also African American and was replaced by a younger white employee.  John Nelson, the terminated employee, sued the Detroit Tigers for age and race...
I-9’s Completed Remotely (Virtually) During COVID Will Now Require In-Person Updating

9 May 2023

I-9’s Completed Remotely (Virtually) During COVID Will Now Require In-Person Updating

Author: Michael Burns

Last week the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced effective July 31, 2023, remote verification of I-9 documentation will no longer be allowed.

NLRB Continues to Extend Worker Protections Up to the Possible Violation of Civil Rights Law

2 May 2023

NLRB Continues to Extend Worker Protections Up to the Possible Violation of Civil Rights Law

Author: Michael Burns

On Monday a three-member panel of the National Labor Relations Board (NLRB) overturned a previous decision addressing employee misbehavior and will now examine outbursts and misbehavior of workers during different circumstances involving protected activity through a trio of tests. The tests applied will be “context specific” and will look at picket line activity, confrontation with supervisors or managers, and what is said on social media differently. (Lion Elastomers LLC 2023)
Unemployment Tax Rules for Out-of-State Employers

25 April 2023

Unemployment Tax Rules for Out-of-State Employers

Author: Linda Olejniczak

Remote work offers companies and employees more flexibility. We’re no longer limited by geography. Technology makes it easy to collaborate across the entire country. However, the complex issues that arise with out-of-state employees can be a barrier to nationwide hiring practices—and failure to comply can result in large fines and fees.

Keep an Eye on Worker FLSA Exempt Classification This Year

11 April 2023

Keep an Eye on Worker FLSA Exempt Classification This Year

Author: Michael Burns

Employers should be prepared to review their exempt positions for proper Fair Labor Standards Act (FLSA) classification. Earlier this year, the U.S. Supreme Court ruled that despite an oil rig worker making over $200,000 a year and being a supervisor, that position was non-exempt and entitled to overtime pay for weeks worked in excess of 40 hours.

Is a Change in Race and Ethnicity Collection Requirements Coming Soon?

4 April 2023

Is a Change in Race and Ethnicity Collection Requirements Coming Soon?

Author: Anthony Kaylin

For employers who must file an EEO-1 report, those with 100 or more employees or federal contractors or subcontractors with 50 or more employees, the demographic collection has been fairly consistent over the past 10 years.  However, times are changing, and as more groups are lobbying to separate themselves from the traditional reporting demographic groups coupled with diversity requests, life is going to be more interesting for HR.

U.S. DOL Issues Guidance on Employer Lactation Accommodations Under New Nursing Mothers Act

4 April 2023

U.S. DOL Issues Guidance on Employer Lactation Accommodations Under New Nursing Mothers Act

Author: Michael Burns

Late last year the Providing Urgent Protections for Nursing Mothers Act (PUMP) was passed, which expands existing lactation protections under the Fair Labor Standards Act (FLSA). The PUMP Act goes into effect April 28th.

Can You Dock PTO Without Violating the FLSA?

4 April 2023

Can You Dock PTO Without Violating the FLSA?

Author: Anthony Kaylin

The 3rd Circuit Federal Court of Appeals recently reviewed the question of whether paid time off (PTO) is considered part of the salary of an employee.  Specifically, does the docking of PTO violate the salary basis requirement for exempt employees under the FLSA?  The court said no.

Divided Government Equals Regulatory Nightmare for HR

28 March 2023

Divided Government Equals Regulatory Nightmare for HR

Author: Anthony Kaylin

It was thought by the founders that if the government was divided, it would likely be a push towards bipartisanship and compromise – a check and balance.  But in recent times, bipartisanship on major issues has become extremely political.

Dealing with Intermittent FMLA

14 March 2023

Dealing with Intermittent FMLA

Author: Anthony Kaylin

Intermittent FMLA is one of the most difficult issues for HR professionals.  It can be difficult to manage, and personal liability could attach if they interfere with FMLA leave.  Therefore, a conservative approach is recommended.  However, a recent Federal 6th Circuit of Appeals case (which covers Michigan) may provide some helpful guidance.

Right to Work Repeal Passes in Michigan Legislature – Goes to Governor for Signature

14 March 2023

Right to Work Repeal Passes in Michigan Legislature – Goes to Governor for Signature

Author: Michael Burns

Michigan’s Legislature moved quickly to repeal Michigan’s 10-year-old Right to Work law. Right to Work allows private sector union members to opt out of union dues payment should they disagree with the services rendered, the political position their union takes, or any other reason the union member may have for deciding the union has not earned their support. Right to Work gives thousands of Michigan union workers leverage to hold their unions accountable.
Can Nonprofit Employees Volunteer for Their Employer?

14 March 2023

Can Nonprofit Employees Volunteer for Their Employer?

Author: Linda Olejniczak

So, your nonprofit employee also wants to volunteer at your nonprofit?  It can be done, but employers must make sure they don’t violate the law. 

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