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.
ASE is monitoring both Michigan law and employer policy and practices in response to the legalization of marijuana in this state. Though Michigan has joined a growing number of states that have legalized marijuana use, employers do not have to change their policies against the use of marijuana if they are satisfied with how their policies and practices are working.
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.
It makes sense to check on the qualifications of an independent contractor just as you would an employee, right? After all, you are letting a new individual enter your workplace. It would seem prudent to make sure they can do the job and check for any security concerns. Should an employment background check be run?
If you are in the healthcare business, you should be familiar with the Office of Inspector General (OIG) Exclusions List. The list is made up of individuals and entities which are excluded from federally funded health care programs.
Marijuana use legalization continues to sweep across the United States. Michigan adopted recreational marijuana use late in 2018, and the state is awaiting commercial licensing approval for the sale of marijuana. Illinois is expecting to pass recreational marijuana use next year, and the New York Times (NYT) sees New York and New Jersey following suit in the near future.
It’s hard to believe that summer is halfway over, and Labor Day is going to be here before you know it. While the office is a little quieter due to heavier vacation schedules, this is a great time of year to tackle that handbook update project before things get busy again in the fall.
Earlier this week the Congressional Budget Office (CBO) published its report on the economic viability of increasing the federal minimum wage. This information has particular weight in the debate over the national minimum wage because the CBO report is viewed as a reliable and non-partisan analysis of a proposed law.
Last week the U.S. Department of Labor’s Wage and Hour Division published three Opinion Letters on various wage and hour issues. Opinion Letters provide guidance on wage and hour questions but do not bind a court to its position on that question or issue. The three opinion letters address compliance issues surrounding overtime pay in various aspects.
At ASE we often get questions from our members about proper overtime pay calculation when different pay plans are at play. To calculate overtime pay for non-exempt hourly employees correctly, one should first determine a few things.
The Trump National Labor Relations Board (NLRB) continues its pro-business course. Until 2017, the NLRB regularly attacked employer rules that it deemed restrictive, directly or indirectly, on employees' right to organize. Employers, including non-union, were compelled to review employee handbook policies/rules to correct rules that were viewed as restrictive toward union organizing rights.
The Sixth Circuit Court of Appeals, whose jurisdiction includes Michigan, ruled against a machine parts manufacturer last August when it overturned a lower court decision that held an employee’s severance agreement barred her lawsuit alleging Title VII discrimination and violation of the Equal Pay Act.
In May 2019, JP Morgan Chase reached a tentative settlement of $5 million dollars to resolve a class action lawsuit alleging the bank’s parental leave policy was biased against dads. It is the largest recorded settlement in a U.S. parental leave discrimination complaint.
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.
Late last year Michigan passed a minimum wage increase that increased this state’s minimum wage for the next 10 years. It also passed the Paid Medical Leave Act requiring employers with over 50 employees to provide five paid days off.
As we noted a couple of weeks ago in the EPTW article, Summer Interns – To Pay or Not to Pay, employers operating internships must know what is required of them, and many may also be minors. Most internships should be paid ones pursuant to the law.
Did you know friendship as a hiring factor can beat off a discrimination allegation? A recent Michigan Court of Appeals ruling affirms other court decisions holding the same.
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.
As EPTW readers know, joint employment, independent contractors, and worker misclassification confusion has been an ongoing federal concern. New federal joint employer regulations were published by the U.S. Department of Labor late last month.
As summer approaches and the colleges empty out, many employers may be gearing up for a new batch of summer interns. Though ASE surveys show many employers pay their interns, some intern positions may be set up as unpaid because the work experience is what counts, right? The Department of Labor has a seven-part test to determine if an internship should be classified paid or unpaid.
Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152