American Society of Employers

EverythingPeople This Week!

New California Pay Transparency Law

20 September 2022

New California Pay Transparency Law

Author: Anthony Kaylin

California legislature passed S.B. 1162 and is currently waiting for the Governor’s signature, creating new obligations for California employers by amending the earlier pay reporting requirements. 

Remote Workers and the Family and Medical Leave Act (FMLA)

20 September 2022

Remote Workers and the Family and Medical Leave Act (FMLA)

Author: Michael Burns

A recent article published in CCH HRAnswersNow Expert Insights looks at the issue of FMLA coverage for remote workers. In this case, a person worked from their home which was well outside what could be reasonably considered within the coverage area of the FMLA.

NLRB Publishes New Joint Employer Rules

6 September 2022

NLRB Publishes New Joint Employer Rules

Author: Michael Burns

Yesterday, the National Labor Relations Board (NLRB) issued new proposed rulemaking that eliminates the “direct and immediate” control specification in the 2020 rules and adopts a broader rule that finds joint employment if the employers “share or co-determine” essential job terms and conditions. The rule proposal was passed with two board members dissenting.

OFCCP Updates Compensation Compliance Directive

30 August 2022

OFCCP Updates Compensation Compliance Directive

Author: Anthony Kaylin

Earlier this year, the OFCCP released Directive 2022-01: Advancing Pay Equity Through Compensation Analysis.  There was a lot of controversy over the directive, both with respect to expected analysis and analysis to be submitted when a compliance officer requested it.  For the latter, the agency generated discord in the compliance sector, because it was seemingly saying attorney/client privilege can be overturned by the agency. 

Administrative Exemption – An Often Misunderstood and Misused FLSA Classification

23 August 2022

Administrative Exemption – An Often Misunderstood and Misused FLSA Classification

Author: Michael Burns

Of the five major Fair Labor Standards Act (FLSA) exemptions (there are close to 21 other FLSA industry or job exemptions) one of the most misunderstood and misused is the Administrative Exemption. 

Watch out!  A New Lawsuit Could Upend FLSA Exemption Requirements

16 August 2022

Watch out! A New Lawsuit Could Upend FLSA Exemption Requirements

Author: Anthony Kaylin

A new case has been filed in the Northern District of Texas which could upend the Fair Labor Standards Act law (FLSA).  The new case attacks the two-prong approach of the U.S. Department of Labor of establishing exempt employee thresholds using a salary hurdle test and then the duties test. 

For Separation and Other Employment Settlement Agreements Be Sure You Comply with ADEA and OWBPA

16 August 2022

For Separation and Other Employment Settlement Agreements Be Sure You Comply with ADEA and OWBPA

Author: Michael Burns

Last week, by its ruling in Jackson v. General Electric, the Sixth Circuit Court of Appeals reminded employers that they must make sure any settlement type of agreement with an employee complies with the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefits Protection Act (OWBPA). This is not a new development, but the case reminds HR professionals and their legal counsel that any formal agreement settling discrimination or other claims by an employer with an employee,...
Third Circuit Court of Appeals Throws One Small Loss at the NLRB and Big Labor/Biden Camps

9 August 2022

Third Circuit Court of Appeals Throws One Small Loss at the NLRB and Big Labor/Biden Camps

Author: Michael Burns

It has seemed at least to people that track labor issues that the National Labor Relations Board (NLRB) has been on quite a roll favoring unions across the United States. The NLRB with its Democrat appointed Board majority and its very pro-labor agenda is working diligently to change interpretation of the National Labor Relations Act (NLRA) at every turn, including the major issue of joint employment status.

Michigan Minimum Wage and Paid Sick Laws Remain the Same – For Now

2 August 2022

Michigan Minimum Wage and Paid Sick Laws Remain the Same – For Now

Author: Michael Burns

On Friday, Michigan Court of Claim Judge Douglas Shapiro issued a stay order in response to appeals filed by the State of Michigan. The stay was on his ruling two weeks ago holding that the method used by the Michigan Legislature to adopt and amend those laws was unconstitutionally conducted. In staying his ruling, the Judge stated there were “justified concerns” about employer’s ability to accommodate the changes so quickly.

Michigan Court Holds “Adopt and Amend” Minimum Wage and Paid Sick Laws are Unconstitutional

20 July 2022

Michigan Court Holds “Adopt and Amend” Minimum Wage and Paid Sick Laws are Unconstitutional

Author: Michael Burns

Yesterday, Michigan Court of Claims ruled that the current Michigan Minimum Wage and Paid Sick Leave laws passed by an “adopt and amend” strategy in 2018 were not properly enacted pursuant to Michigan’s constitution.

Is Immigration Reform on the Horizon?

19 July 2022

Is Immigration Reform on the Horizon?

Author: Anthony Kaylin

A number of questions have come through the ASE HR Hotline about immigration issues from E-Verify to H-1B increases.  The best answer currently is when immigration reform happens, if it does, it will be a bipartisan effort.  E-Verify will likely be required of all employers, and H-1B visas may be increased.  Any questions about Dreamers (estimated to be around 3.6 million) and those children of H-1Bs who aged out of the process (estimated to be about 200,000 or so) will likely...
Employers Are Exploring Expansion of Covered Abortion Services

19 July 2022

Employers Are Exploring Expansion of Covered Abortion Services

Author: Heather Nezich

Over one in four employers is exploring the expansion of covered abortion services, according to a new report from the International Foundation of Employee Benefit Plans. The Post-Dobbs Employer Coverage: July 2022 Pulse Survey revealed current abortion coverage offerings and future considerations. When asked about making changes to current coverage for abortion services, employers responded with the following:

Is There Going to be a New Standard for Religion in the Workplace?

5 July 2022

Is There Going to be a New Standard for Religion in the Workplace?

Author: Anthony Kaylin

Although there were a number of ancillary issues with the recent U.S. Supreme Court case of Kennedy v. Bremerton School District, No. 21-418 (June 27, 2022), a major question for employers is how to now regulate religion in the workplace.  At first blush, the Kennedy decision seemed to be about a public high school teacher leading a prayer with students at the 50-yard line after a football game, separation of church and state, but it has broader implications as to religion in the...
Roe v Wade is Overturned, Now What?

28 June 2022

Roe v Wade is Overturned, Now What?

Author: Anthony Kaylin

Last Friday, the Supreme Court overturned the constitutional right to abortion decided in an earlier Supreme Court case in 1973 called Roe v. Wade. In that case, the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. In Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), the Supreme Court ruled that Mississippi could ban most abortions after 15 weeks of pregnancy, overturning Roe v. Wade.
Employee Marijuana Use – Know the Laws

28 June 2022

Employee Marijuana Use – Know the Laws

Author: Susan Chance

As more and more states are legalizing the use of marijuana for medical use, recreational use, or both, employers are facing more challenges with maintaining workplace safety while avoiding the pitfalls of laws that are employee friendly to users of marijuana.

RSS

Filter:

Filter by Authors

ASE Annual Summit

Position your organization to THRIVE.

Become a Member Today