EverythingPeople This Week!

23

May

2017

Summer Vacation is Rapidly Approaching – Do You Know the Guidelines for Employing Minors?

Author: Kristen Cifolelli

As the summer rapidly approaches, many employers will supplement their seasonal workforce with minors under the age of 18.  While this is a great opportunity to give a youth the ability to learn work skills, employers need to be aware of the special requirements and their obligations for employing a minor.

9

May

2017

Best Practices for Auditing I-9 Forms

Author: Kristen Cifolelli

Immigration issues are high priority for the current administration, and the U.S. Immigration and Customs Enforcement agency (ICE) has indicated that it will be increasing their enforcement activities this year.   As a result of this intensified focus on immigration compliance, employers should be wary of potential ICE inspections of employer I-9 Employment Authorization Verification records.  In 2016, employer penalties for I-9 form infractions and paperwork errors increased...

2

May

2017

Is it Legal to Pay a Woman Less if Based on Salary History?

Author: Heather Nezich

Solely based on Federal law…yes.  A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history.  This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.

2

May

2017

Does Title IX Apply to Co-ops and Interns?

Author: Anthony Kaylin

Summer is approaching and many employers hire co-ops, interns and work study students during that time period.  When employing a student and the student is the object of harassment, the question is whether the student can seek relief under Title VII of the 1964 Civil Rights Act (Act), Title IX of the Act, or both.  A recent case from the federal Third Circuit Court of Appeals answered affirmatively that both could apply.  

2

May

2017

Federal Compensatory Time Off Legislation Introduced

Author: Michael Burns

One of the more frequent questions ASE receives from private employers is about how to practice compensatory time off. Compensatory time off is the practice of “paying” overtime worked through paid time off at some later time. ASE frequently advises that most compensatory time practices are illegal. The Fair Labor Standards Act (FLSA) requires payment to non-exempt employees (hourly and salaried) of time worked over 40 hours in a week at time and one-half pay. Therefore, if an...

18

Apr

2017

Piecework Pay, Bonus and Overtime Pay – How do They Collide?

Author: Michael Burns

Piecework pay is not a common pay practice today. In fact, ASE’s most recent Pay Administration Survey found no participants paid on a piece-rate in the Southeast Michigan area. However, in some industries this is still a pay practice.

4

Apr

2017

China’s New Compliance Requirements

Author: Anthony Kaylin

In 2016 China’s Ministry of Human Resources and Social Security (Ministry) issued a set of Measures for Evaluating Compliance and Integrity of Employers’ Labor Protection that began to be enforced on January 1, 2017.  All employers, domestic and foreign, will be graded on compliance with Chinese law using an ABC approach.  If an employer is graded a B or C, it means added inspections and evaluations, and with C grades the leader of the local unit will have to schedule...

28

Mar

2017

Anti-Trust Concerns in Hiring and Compensation

Author: Michael Burns

On the list of wrongful employment practice issues, the risk of engaging in illegal anti-trust practices is pretty far down there. But everyday, employers in competitive industries (think tech) aggressively recruit and seek to retain valuable talent through various employment policies and practices. Some employers take these practices too far. What kinds of employment practices could result in a federal anti-trust lawsuit?

21

Mar

2017

When May an Employer Inquire about an Employee’s Medical Condition?

Author: Michael Burns

When strange behavior or certain performance issues are very subtle, should an employer inquire about a medical condition? On one hand, an employer may feel constrained in asking about whether an employee is experiencing a medical problem when an employee exhibits a change in behavior or is not acting the same as usual. Is observable fatigue, irritability, or poor performance just a bad day or is it a medical condition that will raise disability issues. On the other hand, failing performance...

21

Mar

2017

No Man is an Island - But Your Authorization and Disclosure Forms Must Be

Author: Chance,Susan

No man is an island entire of itself . . . In Meditation XVII John Donne writes of how we are all connected to one another.  As human beings, connection with others is essential to our well-being. However, when it comes to Authorization and Disclosure Forms, it is being an island that is essential to being in compliance with FCRA requirements. 

14

Mar

2017

Joint Employment Status Tests Continue to Evolve

Author: Michael Burns

There has been a lot of judicial activity involved in trying to identify an appropriate test for determining whether an employee is in fact actually employed by two different employers. This circumstance generally arises when one business (primary) engages another (secondary) and the contracting business exercises sufficient control whereby the “law” is compelled to treat them jointly.

14

Mar

2017

A Rise in Pay Equity Claims Will Hit Employers Hard in the Future

Author: Anthony Kaylin

Although Equal Pay Act (EPA) EEOC charges are small in number, the trend is growing.  Over the past three years, the number of charges filed rose from 938 to 1,075 or 15%.  These type of cases tend to have large victim classes.  Acting Chair Victoria Lipnic, in a webinar hosted by Seyfarth Shaw on February 9, 2017, identified that the EEOC has not brought many equal pay cases, but stated, "I am very interested in equal pay issues. It's something I would consider a priority."

14

Mar

2017

Do You Know What to do if ICE Comes Knocking on Your Door?

Author: Kristen Cifolelli

U.S. Immigration and Customs Enforcement (ICE) has indicated that it will triple its I-9 audits this year.  When ICE audits your I-9 forms, they may assess civil financial penalties for mistakes made in completing I-9 forms. These types of mistakes are called paperwork violations and are distinct from the more serious violations that result from hiring unauthorized workers. Fines have increased and the laws are being enforced more diligently. Are you prepared?

7

Mar

2017

Has OFCCP’s Mission Run Its Course?

Author: Anthony Kaylin

A current question before the Trump Administration is whether the OFCCP has outlived its usefulness.  The Heritage Foundation rightly asks whether there is a need for the OFCCP given that many of its current initiatives are the purview of other agencies. Moreover, there is a real question of the effectiveness and ROI of the agency. 

28

Feb

2017

Trouble Caused by Post-it® Notes for Texas Roadhouse Restaurant Chain

Author: Kristen Cifolelli

Employers have long known about being careful when it comes to appropriate non-discriminatory hiring practices and the legal risks involved when they are not.  Interview notes can become problematic when they contain inappropriate comments or evidence that potentially discriminatory hiring practices may have been used.  The restaurant chain Texas Roadhouse has found out the hard way how something as simple as a Post-it® could become key evidence in an age discrimination lawsuit.

28

Feb

2017

Does Your Organization Properly Pay Overtime on Bonus Payouts to Non-exempt/Hourly Employees?

Author: Michael Burns

As the “books” close on 2016, final incentive plan/bonus payments are being made to eligible employees in many organizations. Today variable pay in the form of incentive pay and bonuses is not just for executives. ASE’s 2016/17 Salary Budget Survey results show that almost 50% of employers have an annual bonus for non-union hourly employees and 45% of employers have an annual bonus for salaried non-exempt employees as one form of variable pay. And this is just one type of...

21

Feb

2017

Sixth Circuit Court of Appeals' Decisions Continue to Roll in Favor of Employers

Author: Michael Burns

Some of the most frustrating and expensive lawsuits are where employees run up medical related absences without seeming end. When the employer terminates them, they sue. Last week EPTW reported on the Sixth Circuit upholding an employer’s discharge of an employee that failed to properly give notice under the Family and Medical Leave Act (FMLA). The Court deferred to the employer’s proper execution of its attendance notification policy and upheld the discharge. This week the Sixth...

14

Feb

2017

US High Court Postpones Class Action Waiver Case Until Next Term

Author: Michael Burns

The US Supreme Court (SCOTUS) announced last week that they would not hear the case asking its position on whether the National Labor Relations Act (NLRA) restricts employers from requiring workers to waive their right to pursue a class action lawsuit and go to arbitration individually instead. 

14

Feb

2017

Failing to Follow Notification Requirements Kills FMLA Claim

Author: Anthony Kaylin

It has long been an issue of whether an employee must follow a process to report absenteeism, in particular for FMLA purposes.  The question for many FMLA retaliation cases revolved around whether the employee gave timely sufficient notice to the employer even though the notification policy was not followed.   For example, a manager may know of an employee’s need for FMLA leave and fail to tell HR.  Later, the employee is disciplined for absenteeism.  The fact...

7

Feb

2017

Will H-1B and Other Work Visa Rules Change?

Author: Anthony Kaylin

President Trump is considering an Executive Order (EO) to modify the current H-1B system.  During his candidacy he expressed the view that the H-1B system was subject to abuse and needed revamping.  “These are temporary foreign workers, imported from abroad, for the explicit purpose of substituting for American workers at lower pay,” Candidate Trump said in a statement last March. “I remain totally committed to eliminating rampant, widespread H-1B...

7

Feb

2017

Update Your Policy - New OSHA Drug and Alcohol Testing Policy Regulation is in Effect

Author: Michael Burns

On December 1, 2016 the Occupational Safety and Health Administration (OSHA) implemented a new rule in part limiting mandatory post-accident/injury drug testing. The broader final rule targeted alleged retaliatory actions by employers (mandatory post-accident drug testing being one of them) for exercising rights protected by OSHA and its regulations. One reported reason OSHA promulgated a rule was to curb the pro-safety practice of drug and alcohol testing in the event of any accident or...

24

Jan

2017

Over/Under 40 ADEA Analysis May be Too Limiting for Discrimination Review

Author: Anthony Kaylin

Under the Age Discrimination in Employment Act (ADEA), the law protects those employees who are at least 40 years of age.   The law has been interpreted that it protects these employees when, for example, they are replaced by employees who are less than 40 years old.  The U.S. 6th Circuit Court of Appeals, which includes Michigan, agrees with this interpretation.  However, a new case from the U.S. 3rd Circuit Court of Appeals takes a different approach, and the case may...

24

Jan

2017

Beware the Form 6367 From Michigan Unemployment Insurance Agency

Author: Michael Burns

Michigan’s Unemployment Insurance Agency (UIA) will be sending out its annual Form 6367 mailing to employers that have fallen behind in their required claims reporting. This form is relatively new only having been used for the first time in 2016. If your organization receives a Form 6367 it means the UIA has found them to be delinquent in providing required information. Non-compliance under Section 20(a) is found when an employer does not respond in four or more instances in the...

3

Jan

2017

Can the Winter Blues be a Disability?

Author: Kristen Cifolelli

The holidays are over, it’s cold and dark and we have a long way to go until spring.  Most of us at some point or another will feel the effects of the winter blues, from feeling lethargic, unmotivated to even experiencing some mood changes.  For some individuals, the winter blues go much beyond that into a subtype of a major depression called Seasonal Affective Disorder (SAD).

20

Dec

2016

New University of Iowa Study Shows Company Whistleblower Programs Have an Impact

Author: Michael Burns

A new study out of the University of Iowa supports the proposition that whistleblowing programs in companies does reduce financial corruption and overly aggressive accounting practices intended to enrich the company at the taxman’s expense. 

RSS

Subscribe to EverythingPeople This Week!

Get valuable insight into the developments
both inside and outside the HR position.

Subscribe

 

Filter:

Filter by Authors

LinkedIn Twitter YouTube

Contact

American Society of Employers

Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152

Contact Us
Phone: (248) 353-4500
Fax: (248) 353-1224