EverythingPeople This Week!

13

Feb

2018

Pay Discrimination Cases - Equal Pay Act vs. Title VII

Author: Michael Burns

Most federal gender pay discrimination cases are brought under Title VII of the Civil Rights Act of 1964. The other applicable law that was intended to address pay discrimination, the federal Equal Pay Act (EPA), was enacted before Title VII and was more narrow-focused.

6

Feb

2018

Are You Prepared for an ICE Visit?

Author: Anthony Kaylin

ICE enforcement is ramping up.  On January 10th ICE announced a new three-prong approach to conduct worksite enforcement: (1) compliance through I-9 inspections, civil fines, and referrals for debarment; (2) enforcement through the arrest of employers knowingly employing undocumented workers and the unauthorized workers; and (3) outreach, through the ICE Mutual Agreement between Government and Employers (IMAGE) program, to instill a culture of compliance and accountability.  Are you...

30

Jan

2018

US Department of Justice Continues its Pursuit of Naked No Hire or Poach Agreements

Author: Michael Burns

“Naked” no poach agreements – what are they? Naked wage-fixing or no-poaching agreements among employers, whether entered into directly or through a third-party, are illegal under the antitrust laws.  That means that if the agreement is separate from or not reasonably necessary to a larger legitimate collaboration between the employers, the agreement is deemed illegal without any inquiry into its competitive effect.

30

Jan

2018

Association Health Plans: Potential Solution to Rising Health Care Costs for Small Employers?

Author: Anthony Kaylin

Since the passage of the Affordable Care Act (ACA), the requirements of the ACA have profoundly impacted small employer plans (under 50 employees) by raising costs at a faster rate than large employer plans.  

23

Jan

2018

European Union’s New Data Privacy Law Becomes Effective May 25th. Are You Prepared?

Author: Anthony Kaylin

On May 25, 2018, the European Union’s (EU’s) General Data Protection Regulation (GDPR) goes into effect.  This new regulation expands provisions for data collection, retention, and access rights for European based employees and are much more restrictive than in the past. The GDPR was initially adopted in April 2016, and the regulation and directive were published at that time. It replaces the 1995 data protection directive.  The following is a brief...

16

Jan

2018

Paid Family Leave Credit Under the New Tax Law

Author: Anthony Kaylin

The paid family leave credit under the new tax law is another provision that has many holes that need filling.  Under the law, employers would have to provide at least two weeks of leave and compensate their workers at a minimum of 50% of their regular earnings. The tax credit would range from 12.5% to 25% of the cost of each hour of paid leave, depending on how much of a worker’s regular earnings the benefit replaces. The credit starts at 12.5% of the benefit’s costs if...

16

Jan

2018

DOL Unpaid Intern Definition is Loosened for Employers

Author: Michael Burns

In 2010 the U.S. Department of Labor (DOL) issued Fact Sheet # 71 narrowing the definition of what qualified as an unpaid internship. The definition, or more technically speaking…the six-part test, defined a true unpaid internship very narrowly. The 2010 Fact Sheet stated that in order for a for-profit company to engage a true unpaid intern, the job the person was doing had to mirror the type of instruction received in class, and the employer could “derive no immediate...

9

Jan

2018

The New Tax Law’s Impact on Sexual Harassment Settlements and the Law of Unintended Consequences

Author: Anthony Kaylin

As the #MeToo stories and the stories of non-disclosure or confidentiality agreements protecting problem CEOs and other employees became widely publicized, Congress felt it was time to make a stand that penalizes companies using these types of agreements to settle cases, especially since the perpetrator was less likely to be disciplined or terminated.  In the past, under Section 162 of Internal Revenue Code ordinary and reasonable business expenses under these types of agreements...

2

Jan

2018

Update: How the New Tax Law Will Impact HR

Author: Anthony Kaylin

Now that the tax law was passed and signed by President Trump, it has many implications for HR.  The new law has mixed-results for HR programs.

2

Jan

2018

Using Facebook Job Ads May Enable Age Discrimination

Author: Kristen Cifolelli

Employers who use Facebook job ads to help with their recruiting practices need to be cautious in how they use this approach to reach applicants.  A recent federal court lawsuit filed in San Francisco charges 13 companies including Amazon, T-Mobile, and Cox Communications, Inc. with using Facebook’s ad targeting tools to exclude older Americans from job opportunities.  

19

Dec

2017

Three Surprise Rulings That Will Have a Big Impact on Employers in 2018

Author: Anthony Kaylin

Surprising all pundits including ASE, the National Labor Relations Board (NLRB or Board) came out with three decisions last week that were not expected until 2018. 

19

Dec

2017

What Employers Must Do to Defeat a Sexual Harassment Lawsuit

Author: Michael Burns

Despite decades of experience trying to address sexual harassment in the workplace, the recent wave of workplace harassment complaints all over the media have put employers back on their heels.  Supervisors and managers must know how to respond to a situation of harassment as well as the complaint. 

12

Dec

2017

Year-End HR Compliance Check List

Author: Kristen Cifolelli

It’s hard to believe, but 2017 is rapidly winding down and the HR professional’s work never stops!  The end of the year is often a good time to perform a review of HR processes to ensure compliance with key employment laws and to better systematize your operations for the coming year. Examining the efficiencies of the HR department can be tedious work, but it is one of the easiest ways to reduce risk and HR cost.

12

Dec

2017

How a Case Over a Wedding Cake Could Affect Employers

Author: Anthony Kaylin

Last week the U.S. Supreme Court heard arguments concerning a Colorado baker who was willing to sell a same sex couple a wedding cake, but had refused to design it to the couple’s specifications because of religious beliefs.  The baker, Jack Phillips, the owner of Masterpiece Cakes, in court records stated that he "gladly serves people from all walks of life, including individuals of all races, faiths, and sexual orientations. But he cannot design custom cakes that express ideas or...

5

Dec

2017

More Developments on Non-compete and Other Employer Agreements

Author: Michael Burns

In our article in last week’s EPTW This Week!, “Non-solicitation and Confidentiality Agreements Tested by Social Media,” the aspect of too restrictive non-compete agreements in the face of employee social media use was reviewed. Judicial and legislative activity in the areas of employee non-competition, non-solicitation, non-poaching, and confidentiality agreements has increased significantly in the last few years.

5

Dec

2017

Determining FMLA Eligibility

Author: Anthony Kaylin

FMLA eligibility is a straightforward concept, but can be confusing depending on various scenarios and interpretations.  

28

Nov

2017

2018 California Laws to Watch For

Author: Anthony Kaylin

For our members who have operations in California, a number of laws will be effective as of January 1, 2018.  California has long been an early adopter for employee rights, and many of its approaches to the employer/employee relationship have been adopted by other states.  Further, many multi-state employers with operations in California will make organizational policy changes that generally mirror California law. The following is a brief summary of new laws in California for 2018.

14

Nov

2017

Will Congress Pass a Federal Sick Leave Law?

Author: Anthony Kaylin

For many employers with employees across state lines, they are dealing with a myriad of local and state laws that impact the workplace.  One of the most vexing issues for employers is the growth of paid sick leave laws across multiple jurisdictions.   There are at least 41 State, County and City jurisdictions that have paid sick leave laws.  Federal contractors that fall under the Service Contract Act are also covered.  A federal law may be on its way pre-empting...

7

Nov

2017

Michigan Wage Theft Legislation Scheduled for Introduction

Author: Michael Burns

Michigan Democratic Legislators are introducing legislation intended to curtail illegal deductions from pay.  Any illegal deduction from pay is being called wage theft. Wage theft is described as the “denial of wages or employee benefits that are rightfully owed to an employee.”

24

Oct

2017

Supervisor Personally Liable for FMLA Interference Claims

Author: Anthony Kaylin

What happens when an employee is hospitalized without notice and informs via a surrogate (her son) that she is in the hospital and won’t be at work?  Should the employer provide FMLA paperwork (assuming the employee is eligible) or terminate the employee for a no call/no show attendance rule violation?  

24

Oct

2017

Sixth Circuit Rules in Favor of Employer in Travel Pay Suit

Author: Michael Burns

One of the trickier areas of wage and hour compliance is calculating hours worked when non-exempt employees travel on company business. There are several different situations that the wage and hour regulations address. One is “travel that is all in a day’s work” another is “home to work on a special one-day assignment in another city,” and the third is “travel away from home community.”

17

Oct

2017

Private Employer Rights to Censure Employee On-line Speech

Author: Michael Burns

Employers are more and more often pushed into situations where an employee’s speech online negatively impacts an organization’s business. Employers spend large amounts of money trying to project a positive public image and brand of the company and then without expectation, an employee “publishes” something that makes the organization look like it fosters and supports social misfits, to put it kindly. Employers must prepare to take action should an employee publish a...

10

Oct

2017

Despite Court Injunction of Revised Exemption Rule and USDOL Rule Review – Do Employers Still Need to Comply?

Author: Michael Burns

When the Obama Administration’s Department of Labor increased the Exempt Rule’s salary level test to $913/week, this forced most employers to review many of their positions for exempt compliance. For the past few years employers have had the opportunity to re-classify jobs properly – hopefully avoiding a compliance complaint in the rule “changeover and controversy fog.” 

3

Oct

2017

Indefinite Time Off is not a Reasonable Accommodation

Author: Anthony Kaylin

When an employee takes an approved leave which is covered by the American’s with Disability Act (ADA), many times the employee will need additional time off.  The question generally becomes how long should leave be extended as a reasonable accommodation.  A trial court in the 6th Circuit Court of Appeals region, which covers Michigan, provides some guidance.

12

Sep

2017

How Trump’s DACA Decision Impacts Employers

Author: Anthony Kaylin

President Trump’s decision to end the Deferred Action for Childhood Arrivals program (DACA) established by President Obama by executive order in 2012 has impact on employers.  The program now covers 787,580 people who have been approved for the program, according to the latest government figures.  To be eligible, applicants had to have arrived in the US before age 16 and have lived here since June 15, 2007. They could not have been older than 30 when the Department of Homeland...
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