EverythingPeople This Week!

Congress has made another avenue of health coverage more accessible by fully subsidizing the cost of COBRA coverage (or the Consolidated Omnibus Budget Reconciliation Act of 1985) from April 1 - September 30, 2021 for individuals who lost their health coverage due to an involuntary termination or a reduction in hours under the American Rescue Plan Act of 2021 (ARP).

Unemployment requirements are now reverted back to the way it was before the pandemic hit Michigan.  Temporary expansions in unemployment eligibility and cost-sharing applicable to state unemployment claims established by Gov. Whitmer’s Executive Order 20-76, and temporarily codified in statute, expired on March 31, 2021. The last week that the flexibilities apply was the week ending March 27, 2021.

ASE is receiving calls asking whether worker pandemic safety rules are still in effect. Yes, they are. MIOSHA Emergency Rules put in place last October remain in effect until at least April 16^th and are, at this point with Michigan cases on the rise, expected to be extended possibly for another six months.

This is the last installment in the list of locations which have laws restricting the use of credit checks in employment decisions. Keep in mind that laws are constantly changing, and new laws can be enacted at any time.

The National Labor Relations Board (NLRB) held that an employer committed an unfair labor practice when it fired an employee for participating in an interview with a journalist about minimum wage law in Arkansas.

Today, March 24, 2021 is Equal Pay Day.  Equal Pay Day denotes how far into the new year women must work to be paid what men were paid the previous year. Started by the National Committee on Pay Equity (NCPE) in 1996, the goal was to raise awareness about the gender wage gap.  Although there are various analyses of what the gap is, all agree there is a gap.

Last week the CDC published guidance for employer vaccination programs. The CDC is encouraging employers to promote the value of getting vaccinated as soon as possible. This includes building employee confidence toward getting vaccinated, helping determine when employees can get vaccinated, deciding whether onsite or offsite vaccination programs make sense to promote, and suggestions about how to avoid workers unexpectedly having to be off work due to vaccine side effects.

Last week Congress passed the $1.9 trillion American Rescue Plan (ARP) Act of 2021 and it was signed into law on Friday.  The ARP also extends some of the Consolidated Appropriations Act, 2021 (CAA) provisions that were signed into law on December 27, 2020.  Below are provisions that will impact employers. 

In my last article, Know Employment Credit Check Limitations Per State, I provided information on some of the states that prohibit credit checks for employment purposes unless certain exceptions apply. There are additional states with similar laws, and here is the information on some of the remaining states.

What is the role of the HR professional?  Slowly it is turning more into a compliance role – not just for the employer, but of the employer’s contractors and subcontractors.  Many in HR will say, “Really?” But it is happening.  For example, under the Bush administration in the 2000s, I-9 compliance was pushed, and HR professionals were forced to become I-9 specialists. There was pushback, but essentially the government got their way.

Many organizations are reviewing their security and surveillance policies and looking to update them.  A common question coming into the ASE Research Hotline is whether the employer can utilize video surveillance and have voice/sound recording.  The simple answer is yes for video and maybe for voice/sound recording.

ASE has received many questions regarding the salary history ban many states have enacted recently. A salary history ban prohibits employers from asking applicants about their current or past salaries, benefits, or other compensation.  

ASE’s 2019/20 Michigan Policies and Practices Survey reports that although most employers offer all necessary time off to employees that are in the military or national guard, most do not offer any supplemental pay to employees that go on military leave for such activities as annual National Guard training or Army Reserve active duty services.  Based upon a 7th Circuit Court of Appeals decision handed down at the start of February, this may be about to change.

Employees, at times, seem to be better lawyers than the employment lawyers – or so they think.  How many times has HR or a supervisor been threatened by an employee for violating their rights or discriminating against them when in reality, they are simply trying to get an employee to perform and follow direction. Employers have broad discretion for terminating employees according to the 6th Circuit Court of Appeals, which covers Michigan.

Most employers are at least somewhat familiar with the restrictions placed on employment credit checks by California and New York City, but there are additional states and cities with restrictions on employment checks.