EverythingPeople This Week!

17

Sep

2019

No Pay Collection by EEOC in 2020 (Or Likely Thereafter for a While)

Author: Anthony Kaylin

Although for 2019, employers with 100 or more employees are required to report Box 1 W-2 pay and hours worked for 2018 and 2017, that won’t be the case in the coming year.  The EEOC is under a court order, although appealed, to collect this data.  The EEOC is determined to collect both 2017 and 2018 data by end of September as opposed to pushing the reporting requirements to 2020 by collecting 2018 and 2019 pay data.

10

Sep

2019

W-4 is Changing for 2020

Author: Anthony Kaylin

The W-4 is changing. On September 20, 2018, the Internal Revenue Service (IRS) announced that the major revisions previously proposed to the 2019 Form W-4, Employee’s Withholding Allowance Certificate, will be delayed to 2020.  In August 2019, after releasing the second draft of the 2020 W-4, the IRS released the second draft of Publication 15-T, Federal Income Tax Withholding Methods, for 2020. 

3

Sep

2019

Do Wellness Programs Pay Off?

Author: Anthony Kaylin

According to some studies the answer is no.  A recent Harvard study found that wellness programs yield unimpressive results—yet over 80% of large organizations offer them.  Why the poor results? 

27

Aug

2019

Manager and HR Training Increases Lawsuit Wins

Author: Anthony Kaylin

A study by Lex Machina on employment lawsuits filed in the Southeast and Midwest between 2016 and 2018 found employers almost always win the lawsuits.   In the Southeast employers won their cases by summary judgment 1,547 times between 2016 and 2018 compared with just 60 such wins for employee plaintiffs.  In the Midwest employers won 850 lawsuits by summary judgement versus 31 for employee plaintiffs.  Statistically speaking, employer defendants won 96% of the time in...

20

Aug

2019

Quick Hits - August 21, 2019

Author: Anthony Kaylin

Salary budgets may be static for 2020:  U.S. employees hoping for larger pay raises next year may be disappointed. A new survey by Willis Towers Watson reports that U.S. employers plan to hold the line on budgeted pay raises in 2020. 

20

Aug

2019

Slayer Laws and ERISA

Author: Anthony Kaylin

Under the Employee Retirement Income Security Act of 1974 (ERISA), a typical retirement plan describes a participant’s right to designate a beneficiary and provides a default beneficiary when a participant fails to do so or if a beneficiary designation is invalid for any reason.  Given the violence reported today with the seemingly increased workplace shootings and mayhem, would, for example, a 401K of an employee pass on to the designated beneficiary who had killed the...

13

Aug

2019

Sometimes Attendance Policies and FMLA Don’t Mix

Author: Anthony Kaylin

Many companies, union and nonunion, have point attendance policies.  The following is instructive on how to approach reduction of points when FMLA leave is applied.

6

Aug

2019

Do You Have to be a Jerk to be Successful?

Author: Anthony Kaylin

When an employee is single-focused, demeaning at times, and generally not pleasant to be around, from a business standpoint, that person would likely be on the shortlist to termination.  Yet, many times they are not, especially when they are successful.  The greater the success, the more they are tolerated.

30

Jul

2019

Are You Doing Organizational Network Analysis?

Author: Anthony Kaylin

How difficult is it to find that employee who enhances the performance of others in the organization?  Employers are turning to organization network analysis to discover who these employees are.  These employees may not be the publicized or recognized leaders, but just those who make other employees do better. 

23

Jul

2019

Biometric Lawsuit Business Growing

Author: Anthony Kaylin

Since Illinois passed the Biometric Information Privacy Act (BIPA) in 2008, it has given rise to protections to employees who felt that the employer’s biometric intrusions violated their privacy.  In 2019, however, biometric litigation floodgates were opened by the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp., 2019 Ill. Lexis 7 (Ill. Jan. 25, 2019).  Although this is an Illinois law, Michigan is considering similar legislation...

16

Jul

2019

Is Phased Retirement a Way to Handle the Worker Shortage?

Author: Anthony Kaylin

Given the new employment scenario – unemployment at 3.6% and the number of jobs advertised exceeding the number of available workers, HR has to be creative.  Coupled with baby boomers retiring at about 10,000 per day, employers are facing both the loss of irreplaceable workers as well as a knowledge fund that can sustain the business as it adapts to various disruptions, whether technology or demand.

9

Jul

2019

Hygiene in the Workplace: An HR Dilemma

Author: Anthony Kaylin

Bad news for consumer product suppliers, it appears that deodorant use is declining in the United States.  Approximately 40% of people ages 18 to 24 years old haven't used deodorant or antiperspirant in the last month. 48% say they haven't bought those products in the past year. 31% of those 25-34 are also not using deodorant. The data comes from polling company YouGov, which surveyed more than 52,000 people on the issue. When asked why not use deodorant, respondents generally stated...

2

Jul

2019

Are the Equal Pay Initiatives What They Seem to Be?

Author: Anthony Kaylin

When the Equal Pay Act (EPA) was passed in 1963, it made it illegal for employers to pay women lower wages than men for equal work on jobs requiring the same skill, effort, and responsibility.  Over the years, these cases were far and few between and difficult to win.  As a result, the previous administration as well as a growing number of blue (Democratic controlled) states have passed more rigorous pay discrimination laws, pushing for pay transparency as a solution for the wage...

25

Jun

2019

How Does an Aging Workforce Affect the Economy?

Author: Anthony Kaylin

Not retiring appears to be a bad thing in the eyes of younger workers.  An Associated Press-NORC Center for Public Affairs Research study of 1,423 adults conducted in February of this year found that workers under the age of 50 were significantly more likely to view America's aging workforce as a negative development.  About 4 in 10 respondents ages 18 to 49 and 44% of the youngest respondents ages 18 to 29 said they consider the trend to be a bad thing for American workers. ...

18

Jun

2019

Racial Profiling or Protecting America’s Intellectual Property? Government Focus on Chinese Workers

Author: Anthony Kaylin

Xifeng Wu, an award-winning epidemiologist and naturalized American citizen, quietly stepped down as director of the Center for Public Health and Translational Genomics at the University of Texas MD Anderson Cancer Center after a three-month investigation into her professional ties in China.   When she came to the Anderson Center, she had been encouraged to develop and collaborate with Chinese institutions. 

11

Jun

2019

Work Restrictions are not Disabilities

Author: Anthony Kaylin

Consider the following scenario.  An employee is injured (whether at work or outside of work) and sees a doctor.  When the employee returns, the employee provides a doctor note with work restrictions because of the underlying condition of the injury. 

4

Jun

2019

Where are the Workers?

Author: Anthony Kaylin

The April 2019 Bureau of Labor Statistics (BLS) reported an unemployment rate of 3.6% with 263,000 new jobs. These job gains occurred in professional and business services, construction, health care, and social assistance. However, the number of long-term unemployed (those jobless for 27 weeks or more) was little changed at 1.2 million in April and accounted for 21.1% of the unemployed. The all-important labor force participation rate declined by 0.2% age point to 62.8% in April. The...

21

May

2019

“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. 

14

May

2019

How do you Know if Training is Working?

Author: Anthony Kaylin

One of the most nebulous measurements is the effectiveness of training.  According to the Association for Talent Development (ATD) 2018 State of the Industry report on training, learning hours per employee was approximately 34.1 hours (slightly more than four eight-hour workdays) in 2017, which was the same as 2016. Between 2012 and 2016, this number increased steadily. The traditional instructor-led live classroom format accounted for more than half of all learning hours used at...

7

May

2019

EEOC to Collect 2017 and 2018 Pay Data by September 30th

Author: Anthony Kaylin

Last Friday, May 3, the Federal Register published the EEOC’s notice for pay collection for the 2019 EEO-1 cycle.  The surprising turn of events began when The National Women's Law Center and the Labor Council for Latin American Advancement challenged OMB’s decision to rescind the Obama Era change to the EEO-1 reporting to add pay reporting as unfair and poorly reasoned in November 2017.  In March 2019 the judge granted summary judgement to the two groups requiring the...

30

Apr

2019

Job Offers in Michigan can be Rescinded for Medical Marijuana Positive Testing

Author: Anthony Kaylin

According to a recent (April 23rd) case from the Michigan Appellate Court located in Ingham County, a job offer may be revoked if the applicant tests positive for marijuana, even if it is considered medical marijuana.

25

Apr

2019

Judge Orders EEO-1 Pay Reporting by September 30

Author: Anthony Kaylin

U.S. District Judge Tanya Chutkan ordered the EEOC to have employers submit their 2018 pay data by September 30, 2019. She then ordered the EEOC to collect a second year of pay data, either collecting employers' 2017 data or collecting 2019 data in 2020.  The EEOC has until April 29 to put a statement on its website informing employers of the decision and requirement and to decide by May 3rd whether it will collect 2017 data or 2019 data.  

23

Apr

2019

Contractors Beware: OFCCP Proposes New Scheduling Letters and Turning Sharply Left

Author: Anthony Kaylin

On Friday April 12th, the Office of Federal Contract Compliance Programs (OFCCP) published its proposed new scheduling letters for Service and Supply audits, Compliance Checks, and Focused Reviews.  These proposed letters appear to follow a current of the agency to move further left in the enforcement of the OFCCP regulations. 

16

Apr

2019

What if Measles Strikes the Workplace?

Author: Anthony Kaylin

As of April 8, 2019, the Michigan Department of Health and Human Services has confirmed 39 total measles cases statewide since March 13, 2019.  Oakland County has 38 cases, and one was a Wayne County resident.

9

Apr

2019

Does a Pay Disparity Finding Mean That Pay Discrimination Occurred?

Author: Anthony Kaylin

The hottest issue in the EEO area is pay discrimination.  In the news it is often written that women earn approximately 20 cents or more less than a male counterpart.  When it is broken down by race, the disparity grows even larger.  However, does disparity mean discrimination?

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