American Society of Employers - Anthony Kaylin

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We’re Back in the Office – What is Acceptable and What is Not

17 May 2022

We’re Back in the Office – What is Acceptable and What is Not

Author: Anthony Kaylin

After working from home so long, it appears that many have forgotten office etiquette.  For example, the heating of fish in the microwave, eating tuna fish at the desk, or not showering before coming to the office.  For people with olfactory sensory issues, returning to the office could be a nightmare.  Then there are those who forget their decibel levels. They can be heard everywhere.

If Roe v Wade is Overturned, Then What?

10 May 2022

If Roe v Wade is Overturned, Then What?

Author: Anthony Kaylin

For many employers, their healthcare benefits include access to pregnancy termination procedures, or abortions.  The right to abortions was decided in a 1973 case called Roe v. Wade. The case was controversial for multiple reasons, but the crux of it is that the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. Before the decision, abortion had been illegal throughout much of the country forcing many women to...
U.S. Department of Justice Issues New Guidelines for Website Accessibility

3 May 2022

U.S. Department of Justice Issues New Guidelines for Website Accessibility

Author: Anthony Kaylin

On March 18, 2022, the U.S. Department of Justice ("DOJ") published guidance on website accessibility specific to how state and local governments (Title II of the ADA) and "public accommodations" (Title III of the ADA) can remove unnecessary barriers that make it difficult or impossible for people with disabilities to use websites. 

Prompt Investigations are Required for Title VII Complaints – Not a “Perfect” Response

26 April 2022

Prompt Investigations are Required for Title VII Complaints – Not a “Perfect” Response

Author: Anthony Kaylin

If a complaint about race or sex discrimination arises, the person bringing the complaint will generally have what they think is the perfect solution.  However, courts are not looking as much at the solution as they are at the steps taken to get to a solution.  Prompt investigation is an important defense to discrimination claims.

Administrative Snafus Lead to Accommodation and Termination Mishaps

19 April 2022

Administrative Snafus Lead to Accommodation and Termination Mishaps

Author: Anthony Kaylin

When using a third-party administrator for leave issues such as FMLA, employers need to ensure proper coordination of their policies with the timing of responses by the third-party administrator.  If not, it could leave the employer liable for either interference of FMLA or ADA violations. 

Perceptions are not Always Reality – Minority Estimation Biases

19 April 2022

Perceptions are not Always Reality – Minority Estimation Biases

Author: Anthony Kaylin

Americans tend to overestimate the percentages of minority groups in the U.S.  The news, politics, and other outlets may exacerbate a situation or activity, simply because of reporting biases. A new poll from YouGov America appears to confirm that in broad terms, Americans consistently, and vastly, overestimate the size of minority groups.

How Expansive Can the Federal Government Procurement Regulations Be?

12 April 2022

How Expansive Can the Federal Government Procurement Regulations Be?

Author: Anthony Kaylin

Since the 1960’s the federal government’s procurement regulations have been used for the administration’s social policy implementation.  For example, the procurement regulations were used to promote, affirmative action, good compliance actors, anti-human trafficking, and health and safety concerns. 

OFCCP Issues New Directive Knocking Out the Former Transparency Directive

5 April 2022

OFCCP Issues New Directive Knocking Out the Former Transparency Directive

Author: Anthony Kaylin

In a misguided argument for increased efficiency in audit, the OFCCP issued a new directive on March 31, 2022, to rescind the former Transparency Directive (DIR 2018-08) and three others under the previous administration (DIR-2018-06, DIR 2020-02, and DIR 2021-02).  

If ADA Applies, More Time Off May be Necessary When Employee is Coming Off FMLA

29 March 2022

If ADA Applies, More Time Off May be Necessary When Employee is Coming Off FMLA

Author: Anthony Kaylin

Just recently the EEOC settled with a trucking and property management company who terminated an employee after they exhausted their FMLA leave and were unable to return to work.  In the situations before the EEOC, the company terminated one employee with 30 years tenure who needed an additional three weeks off and another employee with 20 years tenure who simply needed an additional week.

Ageism is Alive and Well and Running Rampant

22 March 2022

Ageism is Alive and Well and Running Rampant

Author: Anthony Kaylin

In a recent survey by the AARP, nearly 80% of older employees say they’ve seen or experienced age discrimination in the workplace. The percentage of jobseekers in February above the age of 55 who were “long-term unemployed,” meaning they’d been looking for a job for 27 weeks or more, was more than 36%, compared to around 23% among those between the ages of 16 and 54.

When Can Employers Request Recertification of FMLA Leave?

22 March 2022

When Can Employers Request Recertification of FMLA Leave?

Author: Anthony Kaylin

When an employee takes more time than was identified in an FMLA certification, can that trigger the FMLA recertification request?  Under the Department of Labor’s regulations, “[i]f the medical certification indicates that the minimum duration of the condition is more than 30 days, an employer must wait until that minimum duration expires before requesting.  Three exceptions to this rule are specified in the regulations with the one being, if the “[c]ircumstances...
OFCCP Issues New Pay Equity Audits Directive

15 March 2022

OFCCP Issues New Pay Equity Audits Directive

Author: Anthony Kaylin

On the Ides of March and Equal Pay Day, OFCCP issued their new pay equity directive (Directive 2022-01). The purpose of the directive is to provide guidance on how OFCCP will evaluate federal contractors’ compliance with pay equity audit obligations and clarify OFCCP’s authority to access and review pay equity audits conducted pursuant to 41 CFR 60-2.17(b)(3). 

Back to Basics in Wage and Hour:  How to Use the Salary Basis Test

8 March 2022

Back to Basics in Wage and Hour: How to Use the Salary Basis Test

Author: Anthony Kaylin

A recent U.S. Fifth Circuit Court of Appeals court case brought up the issue of the salary basis test.  The case concerned an oil rig worker who met the duties test and income minimums of the FLSA executive and highly compensated exemptions.  

HR Professionals are Leaving the Profession – Are You Next?

1 March 2022

HR Professionals are Leaving the Profession – Are You Next?

Author: Anthony Kaylin

New data finds that 53% of HR leaders are burned out, and 48% of HR leaders are looking for a new job, according to a survey of 400 HR respondents from AllVoices, an employee feedback management platform.  Another survey by Human Resource Executive, “What’s Keeping HR Up at Night”, found that 86% of human resources executives say their stress has increased in the last year—44% say their stress levels have increased “dramatically.” 11% say their stress...
Hiring Individuals with Disabilities is a Boon to Employers

1 March 2022

Hiring Individuals with Disabilities is a Boon to Employers

Author: Anthony Kaylin

According to the CDC, there are about 1 in 4 people in the U.S. or 61 million Americans that have some kind of physical or mental disability.  Not all disabilities are obvious such as paraplegia and quadriplegia, Muscular Dystrophy and Multiple Sclerosis, Cerebral Palsy, and amputation.  There are a number of Americans with hidden disabilities such as diabetes, cancer, epilepsy, dyslexia, color blindness, and more.  How many times have people seen someone with a disabled...
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