American Society of Employers - Michael Burns

EverythingPeople This Week!

As We Watch for OSHA’s COVID Vaccine Mandate Guidance, Don’t Forget Applicable Wage and Hour Rules

19 October 2021

As We Watch for OSHA’s COVID Vaccine Mandate Guidance, Don’t Forget Applicable Wage and Hour Rules

Author: Michael Burns

As we wait for the OSHA guidance detailing how employers (over 100 in employment) can implement mandated vaccination for employees, employers need to keep in mind how they require vaccination and testing may impact proper pay for non-exempt employees.

Did Your Organization Leave Employee Development Behind During the Pandemic?

12 October 2021

Did Your Organization Leave Employee Development Behind During the Pandemic?

Author: Michael Burns

With the many interruptions and re-prioritizations being forced upon employers due to COVID-19 for the past 18 months or so, employee development has lagged in many organizations. Employers and employees have had to work through:

First Monday in October Has Come – U. S. Supreme Court Looking at Four Employment Questions

6 October 2021

First Monday in October Has Come – U. S. Supreme Court Looking at Four Employment Questions

Author: Michael Burns

Monday started the U.S Supreme Court's new year. Though it has some incredibly impactful cases in other areas of the law, it marks the start of this year’s docket looking at four workplace law questions.

Employee Handbook Compliance Basics

28 September 2021

Employee Handbook Compliance Basics

Author: Michael Burns

In addition to providing an employee valuable information about the company, its rules, benefits, and general practices, employee handbooks include a myriad of important legal compliance statements.  These statements are intended as not only employee notices that may or may not be required by law, but to set up employer affirmative defenses in the event of a wrongful employment action. These policies will generally not keep you out of court but do set up an argument that the company...
The COVID-19 Lawsuit Tsunami is Building. Be Ready for the COVID-19 Vaccination Mandate.

21 September 2021

The COVID-19 Lawsuit Tsunami is Building. Be Ready for the COVID-19 Vaccination Mandate.

Author: Michael Burns

An interesting report by Fisher Phillips, a management-side law firm that is tracking litigation coming from the COVID-19 pandemic and its impact on employers, found a big increase in employment lawsuits around COVID-19 situations. Fisher Phillips reports the lawsuits primarily involved remote work, leave, and employment discrimination issues.
Michigan Going PRO Talent Funds – Include ASE’s Leadership Development Classes in Your Application

14 September 2021

Michigan Going PRO Talent Funds – Include ASE’s Leadership Development Classes in Your Application

Author: Michael Burns

Michigan’s Department of Labor and Economic Opportunity will award more than $30 million to employers for worker training and development. If your organization is pursuing 2022 funds to assist with short term training for both new and incumbent employees, applications are accepted September 20 – October 15, 2021.

Don’t Leave Employee Development Behind – Even If It Means Being Short on Staff

7 September 2021

Don’t Leave Employee Development Behind – Even If It Means Being Short on Staff

Author: Michael Burns

For several reasons employee development is currently being left behind. One reported reason is training and development expenses have been significantly cut back during COVID-19. In addition to that, ASE is also hearing that employers are limiting employee training because of the labor shortage and business demands.

Labor Day 2021 – The State of Unionization in the U.S.

31 August 2021

Labor Day 2021 – The State of Unionization in the U.S.

Author: Michael Burns

In 1894 Labor Day was formally established as a national American holiday to celebrate workers. Labor Day also marks the unofficial close of summer and the start of school.

When Installing an ADR With Arbitration, Make Sure It’s Done Right

24 August 2021

When Installing an ADR With Arbitration, Make Sure It’s Done Right

Author: Michael Burns

Alternative Dispute Resolution (ADR) systems are probably not used as much these days as they should be by employers. That said, a Sixth Circuit Court of Appeals decision handed down this month demonstrates how a poorly thought-out ADR system did not help the employer as it should have.

With Legalized Marijuana, Has Your Organization Rethought Its Drug Testing Policies?

17 August 2021

With Legalized Marijuana, Has Your Organization Rethought Its Drug Testing Policies?

Author: Michael Burns

ASE continues to get member inquiries about substance abuse testing and policies. A recent article by the Washington Examiner says interest in relaxing strict employer policies against employee marijuana use is going on across the country.  Where marijuana is legal recreationally, such as in Michigan, employers are asking whether it’s worth continuing pre-employment and other testing for marijuana use. Amazon has eliminated marijuana from its drug testing and is treating marijuana...
Worker COVID-19 Exposure Protocol Updated

10 August 2021

Worker COVID-19 Exposure Protocol Updated

Author: Michael Burns

As COVID-19 has resurged, safety protocols for workers have been updated by the Centers for Disease Control (CDC) and Michigan’s Department of Health and Human Services (MDHHS). In addition to guidance for unvaccinated persons on quarantining after close contact with someone with COVID, the updated protocol also includes guidance for people who are fully vaccinated and exposed.
USDOL Rescinds 2020 Trump Era “Employer Friendly” Joint Employment  Regulations

3 August 2021

USDOL Rescinds 2020 Trump Era “Employer Friendly” Joint Employment Regulations

Author: Michael Burns

As anticipated, the Biden Administration formally rolled back the wage and hour regulations narrowing the previous tests for joint employment status based upon Part 791 of 29 C.F.R. This will be effective September 28, 2021.

U.S. Department of Justice Continues Pursuit of No Poaching Agreements and Other Antitrust Activity

27 July 2021

U.S. Department of Justice Continues Pursuit of No Poaching Agreements and Other Antitrust Activity

Author: Michael Burns

Last week the U.S. Department of Justice announced it is indicting a medical center operator for colluding with some of its competitors to not recruit one another’s senior-level employees. This indictment is the latest move against this employment practice that the government has focused more upon since 2016. 
The Importance of Having a “No Show, No Call” Policy in Place

20 July 2021

The Importance of Having a “No Show, No Call” Policy in Place

Author: Michael Burns

A “No Show, No Call” policy states simply if an employee is absent from work and does not call within a certain period of time the company will consider this abandonment of a job and a voluntary quit. In Michigan, our unemployment compensation law considers not calling and not showing up for work for three days a disqualification for unemployment benefits when a “No Show, No Call” policy is in place.

Employee Classifications, Policy Manuals, and the Importance of Both

13 July 2021

Employee Classifications, Policy Manuals, and the Importance of Both

Author: Michael Burns

Every couple of years (or less) a lawsuit ruling is published that reminds and confirms the importance of employer policies and handbooks for protecting the employer. A recent example is the case handed down by Michigan’s Court of Appeals (6/24/2021) about an employee of Emmett Charter Township that over the years had been both an employee and an independent contractor for the Township.

RSS

Filter:

Filter by Authors

New! Eagle Eye Podcast