EverythingPeople This Week!

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?

2

Apr

2019

Will the Supreme Court Raise the Requirements of a Religious Accommodation to ADA levels?

Author: Anthony Kaylin

Religious accommodations generally do not rise to the level of a disability accommodation when reviewed by courts.  But a recent case against Walgreens indicates that standard may change. 

26

Mar

2019

OFCCP Issues New Audit Lists

Author: Anthony Kaylin

On Monday March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) released the audit list for fiscal year 2019.  It should be noted that if a contractor was on the previous list released in September 2018 and was not audited yet, the release of the new list does not negate any audits not initiated in the previous list.  In other words, the contractor in the September may still be audited.

19

Mar

2019

Employers Need to Improve the Candidate Experience

Author: Anthony Kaylin

The North American Talent Board Candidate Experience Awards Benchmark Research, or CandE Program, found that there was improvement on the candidate experience from 2018.  The research included 200 participating companies and over 30,000 job seekers.  70% of the employer participants were from the technology, services, financial, and healthcare industries, with financial employers increasing 34% from 2017.

12

Mar

2019

OFCCP Explains the 503 Focused Review Process

Author: Anthony Kaylin

On Friday, March 8, The Office of Federal Compliance Programs (OFCCP) opened the Section 503 Focused Review portal.  The Focused Review derives from Directive 2018-04 which states that OFCCP will direct that “a portion of future scheduling lists include focused reviews as to each of the three authorities that the Office of Federal Contract Compliance Programs enforces...

5

Mar

2019

EEO-1 Pay reporting Requirement Back On (Temporarily?)

Author: Anthony Kaylin

On Monday a federal judge ordered the White House budget office to lift its stay of the reporting of pay with the EEO-1 tool granting summary judgment to the National Women's Law Center and the Labor Council for Latin American Advancement.  It is questionable whether the two groups have standing to bring this lawsuit.

26

Feb

2019

Can Medicare-for-All be a Viable Solution?

Author: Anthony Kaylin

A number of Democratic contenders for president have signed on to the slogan, Medicare-for-All.  But there is confusion as to what it means and how to pay for it. 

19

Feb

2019

ADEA Does Not Apply to External Applicants

Author: Anthony Kaylin

The federal 7th Circuit Court of Appeals has affirmed that the Age in Employment Discrimination Act (ADEA) does not apply to applicants for a job.  The age issue of applicants is a hot issue because a number of cases have popped up where older applicants were passed over for jobs on the basis of age and sued.  The general theory for these cases is based on disparate impact, the fact that the job posting is neutral on its face, but in fact discriminates.

12

Feb

2019

The Drama Over the OFCCP $400 Million Oracle Law Suit Continues

Author: Anthony Kaylin

The long running audit of Oracle by the U.S. Department of Labor’s Office of Federal Contract Compliance (OFCCP) has turned in favor of the OFCCP.  The two areas of contention include first, that an analysis of Oracle pay data shows it shorted thousands of females, black, and Asian workers by as much as five figures relative to their white colleagues each year from 2013 through 2016.  Second, Oracle favored Asian applicants over non-Asian job applicants, particularly Hispanic...

5

Feb

2019

Another Reason Why Employers are Leaving Illinois

Author: Anthony Kaylin

It used to be that many of Michigan's college graduates left the state to go to Chicago.  Plentiful jobs, a vibrant downtown, and reasonable costs for living.  But that has changed.  Although the city is vibrant, Chicago is expensive, and businesses are leaving.  Illinois’ reputation has taken a hit in past years. Since 2000 two out of four governors were convicted and sentenced.   Moreover, Illinois’ constitution has been read by the Illinois Supreme...

29

Jan

2019

Websites Under ADA Attack

Author: Anthony Kaylin

There have been a number of lawsuits filed testing the accessibility of websites and compliance under the Americans with Disabilities Act (ADA).  It is costly for organizations to defend these lawsuits, and especially will be as “tester” applicants muddy the waters. 

22

Jan

2019

Are You Using Programmatic Job Advertising?

Author: Anthony Kaylin

The future of recruiting is changing rapidly.  With a labor market that is tight, recruiting dollars are being reviewed as to the return on investment (ROI). The traditional recruitment model is coming to an end. Online consumer marketing techniques are coming to the forefront of recruiting.  Instead of the shotgun approach of job boards, programmatic job advertising is a focused approach to specific job seekers.  Using programmatic consumer advertising principles and tools,...
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