EverythingPeople This Week!

30

Jun

2020

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

Author: Anthony Kaylin

Last month’s Bostock decision ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights.  This decision has a number of subtle impacts that employers need to be cognizant of, including compensation and by extension employer sponsored health plans.

23

Jun

2020

“No-Label” Explosion Versus Diversity in the Workforce

Author: Anthony Kaylin

It seems we are living in an age where 1960’s racial and gender reporting requirements are archaic.  More workers are not identifying themselves by race/ethnicity and/or gender when applying for positions or when onboarding.

16

Jun

2020

Supreme Court Rules That Title VII Covers LGBTQ Employees

Author: Anthony Kaylin

In a surprising six-three decision written by Justice Neil Gorsuch, the Supreme Court ruled on Monday that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)).  Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees.  Michigan does not provide any...

9

Jun

2020

How Will Employers Enforce Social Distancing and Mask Wearing?

Author: Anthony Kaylin

In the office or factory setting, people will be moving, meeting, or just hanging out by the water cooler.  Work, where people spend more waking time in their lives than any other place, is a social hub.  So how will employers deal with the physical distancing and mask wearing required in today’s new work site? 

2

Jun

2020

Businesses Prepare to Reopen as Summer Approaches

Author: Anthony Kaylin

Michigan is beginning its phased approach to reopening and is now in phase 4.  Employers will be busy this summer as they return to work.  It will be important to remain compliant with all COVID-19 legislation and health and safety guidelines.  Below are some items to consider as workplaces open.

26

May

2020

Under the Radar Benefit Change: Employees Making Mid-Year Health Insurance Changes

Author: Anthony Kaylin

The Internal Revenue Service (IRS) made it easier for employees to make mid-year changes to their health insurance coverage for 2020 during the Coronavirus pandemic. Notice 20-29 allows employers to amend their healthcare plans so employees can now make mid-year changes that would be in effect for the rest of the year. For instance, an employee who declined coverage could enroll in a plan, and current enrollees could change plans or add or drop family members.  Prior to this notice,...

19

May

2020

Should Employers Have a Liability Shield from COVID-19 Complaints?

Author: Anthony Kaylin

The next big fight for businesses is immunity from COVID-19 litigation.  Economic Adviser Larry Kudlow has stated that businesses should not be held liable to trial lawyers “putting on false lawsuits that will probably be thrown out of court.”  Senate Majority Leader Mitch McConnell has stated numerous times that the next Coronavirus aid bill has to have provisions for employer immunity from COVID-19 lawsuits, something that the Democrats are fighting. 

12

May

2020

Do Older Workers Have Targets on Their Backs During This Pandemic Time?

Author: Anthony Kaylin

Employers have had to make difficult decisions in the past couple months, and older workers seem to be a primary target for reduction in workforce.  Before the economic shutdowns, the unemployment rate for those 55 and older was around 3.5%.  Now it is 13.6%.  Women over 55 are higher at 15.5%.

5

May

2020

Should Employers Use Thermal Tools to Detect Potentially Sick Employees?

Author: Anthony Kaylin

Under OSHA guidelines and the tacit approval of the EEOC, when bringing employees back to work, employers may monitor employee temperatures.  To do so, employers are considering options ranging from standard thermometer guns to more sophisticated social-distancing and heat-detection cameras, some of which are paired with facial-recognition software that security officials can use to track and identify employees who may show symptoms of COVID-19.

5

May

2020

If Employees Get Sick With COVID-19 When We Return to Work, Are Employers Liable?

Author: Anthony Kaylin

The biggest fear for employers is what to do if an employee who came back to work is later diagnosed with COVID-19.   Are employers liable for these situations? 

28

Apr

2020

It's OK to Say “No”

Author: Anthony Kaylin

One of the hardest things for HR to do is to say “no.”  Fires and more fires have to be attended to, even if it isn’t in the HR bailiwick. Not everything is important, yet we tend to treat it all at the same level.   So how does HR say no when that word isn’t in the HR customer service lingo?

28

Apr

2020

In the Time of COVID-19, Should We be Worried About the Warn Act?

Author: Anthony Kaylin

In today’s current environment, many organizations have either furloughed or temporarily laid off their employees.  Does the WARN Act apply to these situations?   In 1988 Congress passed the Worker Adjustment and Retraining Notification (WARN) Act to provide workers with enough time to prepare for the transition between the jobs they currently hold and new jobs.

21

Apr

2020

COVID-19 Mitigation Measures Could Lead to Wage and Hour Issues

Author: Anthony Kaylin

With businesses bringing workers back and conducting mitigation measures such as taking the employee’s temperature, requiring an entrance questionnaire, and using social distancing for punching in and out, wage and hour issues have arisen.  Although the EEOC under its guidance allows employers to measure employees’ body temperatures, there is no FLSA pandemic guidance that addresses the time waiting for these mitigation measures. 

14

Apr

2020

CDC Provides Guidance for Bringing Essential Workers Back to Work

Author: Anthony Kaylin

The CDC has released guidelines regarding when people in critical infrastructure roles can return to work after being exposed to a confirmed or suspected case of COVID-19.  To ensure continuity of operations of essential functions, the CDC advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.

7

Apr

2020

Update: EPLSA and Shelter in Place Order

Author: Anthony Kaylin

After the publication of last week’s article, which was written before temporary regulations by the U.S. Department of Labor were published in the Federal Register on April 1, it appears that the answer to the question – Will Governor Whitmer’s Executive Order Requiring Shelter in Place Trigger the Emergency Paid Sick Leave Act (EPLSA)? – is now yes. These temporary regulations are effective April 1 and last until December 31, 2020, and there is no 30-day notice and...

31

Mar

2020

Quick Hits - April 1, 2020

Author: Anthony Kaylin

New Paycheck Protection Program details published: The Paycheck Protection Program (PPP) prioritizes millions of Americans employed by small businesses by directing $349 billion towards job retention and business operating expenses.  

31

Mar

2020

Will Governor Whitmer’s Executive Order Requiring Shelter in Place Trigger the EPLSA?

Author: Anthony Kaylin

One of the most frequently asked questions is whether the shelter-at-home order falls under Emergency Paid Sick Leave Act (EPSLA) and equates with the word “isolation” provided in Executive Order 2020-21.  The likely answer is no, and most are treating it that way, but a court may end up making the final interpretation.

24

Mar

2020

Be Careful of Entry Level Programs: They Are Ripe for Age Discrimination

Author: Anthony Kaylin

PricewaterhouseCoopers (PwC) has agreed to pay $11.625 million to settle a lawsuit claiming the global accounting firm discriminated against older applicants for entry level positions.  In 2019, a class action was filed against the company which accused PwC of systematically discriminating against older applicants for associate, experienced associate, or senior associate positions in the firm’s tax or assurance practices. The proposed settlement includes about 5,000 applicants who...

17

Mar

2020

17

Mar

2020

President Trump Signs The Families First Coronavirus Response Act Expanding FMLA

Author: Anthony Kaylin

On Wednesday, President Trump signed the Families First Coronavirus Response Act (H.R. 6201), which was passed by the Senate earlier that day.  Mr. Mnuchin, the U.S. Secretary of Treasury, stated that the law is only the second in what is likely to be multiple legislative efforts to protect the economy—including workers and businesses—from the fallout of the spreading Coronavirus.    

10

Mar

2020

FAQ’s for Potential HR Issues Arising from the Coronavirus

Author: Anthony Kaylin

As of March 11, it is reported that the global death toll from the virus is now around 4,300. COVID-19 has infected over 119,500 people across the world and spread to more than 80 countries and territories so far.  There have been 30 reported deaths in the United States with over 1,000 reported cases.  Two cases are now being reported in Michigan (Wayne County – domestic travel identified and currently in isolation; Oakland County – international travel identified and...

3

Mar

2020

Facial Recognition Application in the Workplace

Author: Anthony Kaylin

Facial recognition software is becoming less niche and more prevalent in everyday life. Facial recognition is a biometric technology that uses distinguishable facial features to identify a person.  The issue is whether our rights to privacy are outweighed by images found on the internet. 

25

Feb

2020

If Coronavirus is Declared a Pandemic, What Do You Need to Know?

Author: Anthony Kaylin

Currently, the Coronavirus is slowing down in China but is seeing increasingly greater spreading to other parts of the world.  As of Monday, Chinese official figures released showed there had been 409 new cases of the Novel Coronavirus and 150 new deaths from the outbreak in China, bringing the total confirmed cases to 77,150, with a cumulative death toll of 2,592.

18

Feb

2020

When Will the EEO-1 Demographic Survey be Open?

Author: Anthony Kaylin

It’s anyone’s guess.  Just last week the parties to the EEO-1 Component 2 lawsuit agreed that collection can stop.  The trial court’s order last Monday February 10th stated that as of February 6, 2020, 88.8% of eligible filers have submitted EEO-1 Component 2 data for calendar year 2017, and 89.6% of eligible filers have submitted such data for calendar year 2018.

11

Feb

2020

Are You Ready for HR Disruption?

Author: Anthony Kaylin

From technology to employee and applicant expectation, HR is never going to be the same.  And depending on the administrations, additional costs and burdens will have to be accounted for, while working with a much smaller staff and budget.  An election is coming up again-2016 déjà vu it seems. Technology is moving so fast, and budgets cannot keep up.

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