On Monday the Equal Employment Opportunity Commission (EEOC) reported that the final version of the Pregnant Worker Fairness Act (PWFA) regulations will be published in the Federal Register August 19th.  The PWFA was passed December 29, 2022, and took effect in June of 2023. Last August proposed rules were released, and the public’s comments were requested. Over 100,000 comments were received.

Although many nonunion employers do not see the National Labor Relations Board (NLRB) as impacting them, they are often surprised when an unfair labor practice charge (ULP) is issued against them.  These employers think the NLRB only protects union activity, but that’s not the case.  The NLRB protects all workers’ rights in the workplace and is the de facto union for nonunion workers.  Although in the past, ULPs have been fairly rare, they are rising today as...

The New York Court of Appeals ruled on March 14^th that New York State discrimination laws apply to out of state applicants for jobs.  Specifically, the court stated that refusing to hire or promote someone to a job in New York for discriminatory reasons has an impact in the city or state and is covered by their anti-bias laws "because that is where the person wished to work."

Limitation of Action Agreements are a contract between the employer and employee, usually agreed upon at the start of employment or even before on the application form, whereby the employee agrees they will not bring a wrongful employment lawsuit against their employer typically beyond 180 days of the cause of action. This shortens the time an employee can bring a wrongful employment lawsuit against their employer from what the statute or common law may ordinarily provide them.

On Friday, the Occupational Safety and Health Agency (OSHA) issued final “walk around” rules that will allow persons such as union representatives/activists or other third parties to accompany OSHA Inspectors into non-union workplaces (onto private property) to walk with them during safety inspections. “The new rules give the employer and the employee the right to authorize a representative to accompany the OSHA official during a workplace inspection.” The final rule...

When reviewing employee handbooks one of the tougher feedback discussions is about how a policy is written and having to explain why on its face it is a fairly esoteric policy, but it is too broadly written and may be a violation of federal labor law.

Most Michigan HR professionals know something about the Bullard Plawecki Employee Right to Know Act. It has been around since 1978 (PA 397) and permits current and former employees the right to review what is in their personnel file. This type of law is often referred to as a sunshine law.

Last Friday a federal judge struck down the National Labor Relations Board (NLRB) regulations expanding its control over the job terms and conditions it uses to determine whether two employers are in fact one for the purposes of labor law application. The Joint Employer rule was supposed to take effect Monday (March 11th) from a previous court stay, but the Texas federal judge hearing the case vacated that decision and held the regulations were too far reaching in their scope for a federal...

Last July, New York City (NYC) implemented its artificial intelligence reporting Law 144 for New York City Employers.  Specifically, the law requires employers to audit and notify candidates about the use of automated employment decision tools. 

Should workers violating a company dress code policy be protected under the National Labor Relations Act (NLRA) if they are wearing or displaying political slogans on their uniforms protesting for an issue unrelated to their work?

On January 30, 2024, the Administration proposed to publish a preliminary rule that would create a series of actions designed to support equal pay activities for workers of federal contractors and agencies as set forth by Executive Orders 14035 and 14069.  Essentially, the rule would prohibit federal contractors and subcontractors from seeking and considering salary history when setting compensation and will require pay range disclosures in certain job...

This Sunday is the Super Bowl, and while it will not be as great without the Lions there, there is a good chance your employees are betting on it. The American Gaming Association estimated that upwards of 28 million Americans participated in office pools for the 2023 Super Bowl. This was up 50% from 2022 and it is expected even more employees will be in office pools this year. How should employers feel about that?

HR Managers face a wide range of complicated compliance and legal processes. Form I-9 and verifying an employee’s right to work as well as keeping all of this on file is among them. It is hard to know how to prevent an I-9 violation and what to expect if you are audited. Below is an outline of the audit process followed by some best practices for conducting an internal audit that you may find helpful.

In a little bit of a surprise from the National Labor Relations Board (NLRB), an NLRB judge upheld a Whole Foods’ ban on Black Lives Matter (BLM) wear/gear in its workplace. Some may remember that in 2020 Whole Foods was challenged by civil and labor rights activists for prohibiting the wearing of BLM insignia on its uniforms while at work. Whole Foods had a policy that banned “any visible slogan, message, logo or advertising” on its uniforms.

Tuesday, January 9, 2024, the Department of Labor (DOL) released its Final Rule outlining whether an independent contractor can really be classified under federal law as such.  This presents employers (the buyers of IC services) that use independent contractors with a new and potentially costly concern. The DOL’s rule changes how an employer is allowed to classify those workers it engages as contractors rather than employees. The rule  will impact contractors engaged by a...

Employers with employees in Colorado must comply with recent amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that became effective January 1, 2024.  While offering benefits such as cut off dates for applications, it creates more work for HR because it may not be able to standardize completely the new regulations’ requirements.

What are the rules for contacting employees on leave? When and how should you communicate with them? There are no legal requirements to keep in touch with workers while they’re out on leave. However, there are good business reasons to not let your employees think that you have forgotten about them. To maintain a good relationship with workers on leave, a manager or HR person can keep in touch on a regular basis, but not so often that it seems intrusive.

Earlier this year, the U.S Supreme Court, in Groff v. DeJoy, Postmaster General (600 U.S ______ 2023), redefined the requirements of “undue hardship” in a religious discrimination context and held that it means more than just a “de minimis” burden on the employer. Using the term de-minimis cost is “substantial in the overall context of an employer’s business.”

Michigan’s current minimum wage and medical leave laws may be overturned by the Michigan Supreme Court. Michigan’s current laws on its minimum wage and medical leave were passed by a GOP controlled legislature and governor back in 2019 by a unique legislative action called adopt and amend. That legislature and the governor saw two ballot initiatives introduced in 2018 for a public vote that would be (and could be again) unfavorable to the Michigan business community – in...

The Employee Retention Credit (ERC) has emerged as a crucial lifeline for businesses grappling with the aftermath of the COVID-19 pandemic. As deadlines loom on the horizon, it becomes imperative for businesses to grasp the intricacies of the ERC, ensuring a correct and timely claim.

The State of Washington has been a leader in pay transparency law.  The Equal Pay and Opportunities Act prohibits gender pay discrimination by addressing business practices that contribute to income disparities between genders.  Further, all pay ranges and benefits for a job advertisement must be in the posting.   Specifically, a “posting” is defined as any solicitation, including recruitment done directly by an employer or indirectly through a third...

The U.S. Department of Labor (DOL) has ushered in significant changes to the Davis-Bacon and Related Acts (DBRA) standards. This final rule, effective October 23, 2023, comprised of hundreds of pages, is poised to impact over one million construction workers. Alongside the comprehensive revisions, the DOL has released a set of Frequently Asked Questions to guide stakeholders through the intricacies of the updated regulations.

ASE has advised on this in the past but with the current state of social media use and the growing rancor and divisiveness in society we remind employers again: employers do have rights when it comes to its employees’ off-work verbal and social media communications.

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO).  The EO is a sweeping directive to government agencies to coordinate on all aspects of AI.  As the EO states in Section 1:

The U.S 7^th Circuit Court of Appeals recently ruled that a case can go to trial on whether an employer was required to provide an accommodation to an employee that had difficulty driving at night and whose shift ended at 9:00 p.m.  According to the court, the main question before it is whether the employee was entitled to a modified work schedule as an accommodation to make his commute safer.