EverythingPeople This Week!

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,...

15

Jan

2019

Rethinking Hiring and Training

Author: Anthony Kaylin

Most employers have jobs that have certain requirements that must be met before the job can be filled.  Many times, it is an educational requirement.  If an employee wants to improve their opportunities within an organization, many employers provide tuition reimbursement up to the tax-exempt maximum of $5,250 a year.  However, these payments are made only after an employee has paid for, successfully taken the course, and received a “C” or better. 

8

Jan

2019

What will be New for HR in 2019 and Beyond?

Author: Anthony Kaylin

Now that it's 2019, the crystal ball is brought out to provide a glimmer of the future.  What should HR expect down the road?  How can HR be more proactive and ahead of the curve?  In HR, it’s like putting out fires every day, and strategic thinking goes to the wayside when every minute something new and distracting takes precedence.  The following are predictions by various seers as to HR in 2019 and beyond.

18

Dec

2018

Pregnancy Discrimination Act Refresher

Author: Anthony Kaylin

In 1978 Congress passed the Pregnancy Discrimination Act (PDA).  The first clause of the PDA specifies that Title VII's prohibition against sex discrimination applies to discrimination "because of or on the basis of pregnancy, childbirth, or related medical conditions."  The PDA's second clause states that employers must treat "women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or...

11

Dec

2018

Does Implicit Bias Still Impact HR?

Author: Anthony Kaylin

Unconscious or implicit bias, the unconscious attitudes that influence how people perceive and act toward each other, has tremendous impact on employment.  There are a number of studies showing its affect on everything from hiring to perceptions of competence.  For example, the programmers that built Amazon’s recruitment engine somehow influenced bias – they had to sunset the new tool before it even launched since it was biased against women.

4

Dec

2018

The Changing Landscape in OFCCP Land

Author: Anthony Kaylin

OFCCP is moving at light speed to make changes as to how it operates.  There have been a number of new directives in 2018 already, “righting the ship” from the previous administration.  Now comes three new directives for Fiscal Year 2019 (DIR 2019-01, DIR 2019-04, and DIR 2019-03).  These directives are officially changing the way OFCCP is doing business and how audits will be handled in the future. 

27

Nov

2018

Defending Equal Pay Claims Has Become More Complicated

Author: Anthony Kaylin

For employers defending an equal pay act (EPA) discrimination claim, the “factor other than sex” affirmative defense generally prevails, except when it doesn’t.  And lately, courts have been more reluctant to accept the affirmative defense. 

20

Nov

2018

Employees Could Eventually Experience Higher Taxes from Tax Cuts

Author: Anthony Kaylin

With the new tax law (The Tax Cuts and Jobs Act of 2017 or TCJA), the tax brackets were reduced so many would recognize greater cash in their wallet at the end of the day.  However, what was not highly publicized was that the TCJA mandated a change from the Consumer Price Index for All Urban Consumers (CPI-U) to the Chained Consumer Price Index for All Urban Consumers (chained CPI). The impact of this tax law change is not beneficial to taxpayers but will be to tax revenues in the...

13

Nov

2018

How Does a Divided Congress Impact Employers?

Author: Anthony Kaylin

With the election over and the results showing Democrats taking over the House of Representatives and the Republicans retaining Senate control, what does it mean for employers?  It is expected that the House Democrats will push a pro-labor and regulatory agenda as well as an aggressive oversight of the Executive Branch.  The Senate Republicans will likely continue staffing the Federal courts, which will have a long-term impact on employment cases, and thus employment policy.

6

Nov

2018

When Employee Rights Collide in the Workplace

Author: Anthony Kaylin

Terry Bonnette, Partner, Nemeth Law PC presented on this topic at our Annual HR Conference last March.  It is an important issue today as a number of factors have risen, making HR shake their heads in confusion.  As seen in the news, the most vexing issue for employers today is how gender identity and sexual orientation rights are competing with religious beliefs and rights.  With these issues spilling into the workplace, it is important for HR to have a game plan when these...

29

Oct

2018

Trump Administration Making Benefits Easier for Small Businesses

Author: Anthony Kaylin

Last week was a big push by the Trump administration to reduce benefit burdens on small businesses by re-energizing Health Reimbursement Accounts (HRAs) and 401Ks.  These efforts will make an impact towards coverage of small employer employees with both healthcare and 401K access and allow these employers to be more competitive in the war for talent.

23

Oct

2018

Joint Employment is Gearing Up, and It is Still Confusing

Author: Anthony Kaylin

Currently, the definition of joint employment is all over the place, depending on the agency. Before 2009, joint employment essentially required direct control of the other employer’s employees.  In other words, if the joint employer was controlling all work situations such as hiring and firing, joint employment was likely to be found.  Under the Obama administration, joint employment was based not just on direct control, but indirect control.  In other words, signing the...

16

Oct

2018

What is the Difference Between an Offer Letter and an Employment Contract?

Author: Anthony Kaylin

Although an offer letter and an employment contract have similarities, they are very different.  An offer letter has very basic terms and conditions of employment, generally subject to completion of a successful background check and/or medical exam, and states that employment is at-will.  In other words, the employee can walk anytime, although notice requirement is requested, and the employer can terminate for any reason at any time. This term will likely prevent, in a dispute...
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