American Society of Employers - Michael Burns

EverythingPeople This Week!

Michigan Automakers Reinstitute Mandated Masking at its Southeast MI Facilities

17 May 2022

Michigan Automakers Reinstitute Mandated Masking at its Southeast MI Facilities

Author: Michael Burns

Last Sunday, General Motors, Ford, and Stellantis (Chrysler parent) announced that they are reinstituting mandatory masking for workers at their facilities in Wayne, Oakland, Macomb, and Washtenaw counties.  Those counties are now deemed as having HIGH COVID-19 levels by the Centers for Disease Control and Prevention (CDC).

Personnel File Maintenance and Management

10 May 2022

Personnel File Maintenance and Management

Author: Michael Burns

ASE regularly receives member calls about personnel file management and maintenance. Let’s go over some basic information about record retention and personnel file management.

NLRB Seeks to Remove Employer Option of Elections to Unionize

3 May 2022

NLRB Seeks to Remove Employer Option of Elections to Unionize

Author: Michael Burns

The National Labor Relations Board (NLRB) is working to take out the impediment of organizing elections to further its pro-labor agenda. Holding a secret ballot election is a fundamental step under the National Labor Relations Act in determining whether workers want a union or not.

U.S. Department of Labor Focuses on Retaliation

26 April 2022

U.S. Department of Labor Focuses on Retaliation

Author: Michael Burns

Equal employment laws (EEO) have protections against employer retaliation. Retaliation is an adverse employment action an employer takes against an employee who, for example, whistle blows against their employer, makes a claim of discrimination, or even participates in a wrongful employment action investigation against the employer.

As Our Parents Said, “Go To School!”

19 April 2022

As Our Parents Said, “Go To School!”

Author: Michael Burns

I distinctly recall “back in the day” when I was complaining about school and why I had to go, my parents' immediate retort was; go to school and you will be able to get a good job – or some words to that effect.

NLRB Says: Anti-Employer Speech – No Problem; Union-Free Speech – Big Problem

12 April 2022

NLRB Says: Anti-Employer Speech – No Problem; Union-Free Speech – Big Problem

Author: Michael Burns

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo, a former Special Counsel for the Communications Workers of America union and now the NLRB’s top prosecutor, issued a memo (Memorandum 22-4) to its District Offices last week intended to make it illegal for employers to hold meetings or even meet one-on-one with their employees to discuss union versus union-free in their own workplaces.

Will Smith Oscar Smack Highlights How Violence Erupts Unexpectedly and Anywhere

5 April 2022

Will Smith Oscar Smack Highlights How Violence Erupts Unexpectedly and Anywhere

Author: Michael Burns

By now most everyone has seen or heard that at the Oscar awards on March 27th actor Will Smith took offense at a joke made by Chris Rock about Smith’s wife. Smith proceeded to walk up on stage and slap (hard) Chris Rock and then yell at him to leave his wife out of his remarks (with expletives) after returning to his seat.

Remote Work and Workers’ Compensation

29 March 2022

Remote Work and Workers’ Compensation

Author: Michael Burns

As employers move further into remote work arrangements (full-time, part-time, hybrid) with their employees, a basic understanding of the state’s workers’ compensation law is important.

Texas Federal District Court Re-establishes Trump DOL Proposed Independent Contractor Regulations

22 March 2022

Texas Federal District Court Re-establishes Trump DOL Proposed Independent Contractor Regulations

Author: Michael Burns

In the continuing tug, pull, shove, and throw around which test is the best to determine independent contractor (IC) status, a federal district court in Texas made a bigger than typical call about which IC test must currently be used by the U.S. Department of Labor (DOL).

Davis-Bacon Act Regulations to be Updated

15 March 2022

Davis-Bacon Act Regulations to be Updated

Author: Michael Burns

Unless you are a government contractor and also in the construction industry you may not know much about the Davis-Bacon Act that was enacted back in 1931. On Friday the Department of Labor (DOL) announced proposed rulemaking intended to update the Davis-Bacon Act.

Biden’s State of the Union Address Points Out Several Employment Legislative Initiatives

8 March 2022

Biden’s State of the Union Address Points Out Several Employment Legislative Initiatives

Author: Michael Burns

In last week’s State of the Union address by President Biden, in addition to his opening focus on the Russian invasion he pointed out four legislative initiatives that he would like to see moved along in the coming months – probably before the mid-term elections if he had his way.

NLRB Continues its Assault Against Employer Policies/Rules

1 March 2022

NLRB Continues its Assault Against Employer Policies/Rules

Author: Michael Burns

The National Labor Relations Act protects workers' rights to engage in activities intended to allow them to organize into a union. Therefore, most communications intended by workers to support labor organizing are considered protected concerted activity.

How to Legally Address Return of Remote Employees’ Company Property/Equipment

22 February 2022

How to Legally Address Return of Remote Employees’ Company Property/Equipment

Author: Michael Burns

As remote work becomes more ubiquitous as well as advantageous to employers and employees alike, employers are investing in or supporting workers by providing equipment and property to perform work offsite (at home mostly). This property and equipment still may belong to the company, but as inevitably happens at some time, the employer and employee part ways. How should the employer manage the return of their property without causing more of a problem legally speaking?

President’s Report Recommends Extensive Pro Union Changes to Labor Regulation and Government Practices

15 February 2022

President’s Report Recommends Extensive Pro Union Changes to Labor Regulation and Government Practices

Author: Michael Burns

Biden’s pro-labor agenda continues to roll. In its next step to promote union membership growth, the Biden Administration issued its report outlining necessary legal and regulatory actions to promote union organizing. This report contains 70 recommendations that may be implemented to facilitate the growth of union membership across the U.S.

Biden Orders No Non-union Companies on Federal Government Construction Projects

8 February 2022

Biden Orders No Non-union Companies on Federal Government Construction Projects

Author: Michael Burns

Last weekend President Biden announced a new Executive Order barring non-union construction firms and workers from federal construction projects over $35,000,000. This is just the latest pro union move for the self-proclaimed “most pro-union President in U.S. history.”

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