American Society of Employers - Anthony Kaylin

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Divided Government Equals Regulatory Nightmare for HR

28 March 2023

Divided Government Equals Regulatory Nightmare for HR

Author: Anthony Kaylin

It was thought by the founders that if the government was divided, it would likely be a push towards bipartisanship and compromise – a check and balance.  But in recent times, bipartisanship on major issues has become extremely political.

Does Military Leave Have to be Paid?

21 March 2023

Does Military Leave Have to be Paid?

Author: Anthony Kaylin

If an employee goes off on military leave, is the leave paid or unpaid?  It depends on how the company covers other comparable leaves for non-military reasons.

Dealing with Intermittent FMLA

14 March 2023

Dealing with Intermittent FMLA

Author: Anthony Kaylin

Intermittent FMLA is one of the most difficult issues for HR professionals.  It can be difficult to manage, and personal liability could attach if they interfere with FMLA leave.  Therefore, a conservative approach is recommended.  However, a recent Federal 6th Circuit of Appeals case (which covers Michigan) may provide some helpful guidance.

NLRB Defends Speech Supporting Racial Discussions

7 March 2023

NLRB Defends Speech Supporting Racial Discussions

Author: Anthony Kaylin

The National Labor Relations Board Office of General Counsel issued an Advice Memorandum with the position that group discussions in the workplace concerning racial bias are protected concerted activity under Section 7 of the National Labor Relations Act (NLRA), and employees who engage in such activity are protected from employer retaliation.  This memo applies to both union and nonunion employees.
What is ChatGPT and How Does it Impact HR?

28 February 2023

What is ChatGPT and How Does it Impact HR?

Author: Anthony Kaylin

By now, many have heard of ChatGPT and the efficiency it has provided for many. ChatGPT was created by OpenAI, an AI and research company.  ChatGPT is a chat box which uses natural language processing driven by AI technology in an open environment.  Currently it is free to use, but eventually it will likely be monetized because the actual computing costs are high.  ChatGPT in its current form can provide answers to questions, write emails, compose essays, and write code. 
COVID Emergency Declarations are Almost Over; Now What?

21 February 2023

COVID Emergency Declarations are Almost Over; Now What?

Author: Anthony Kaylin

On May 11, 2023, President Biden is planning to end both the COVID-19 National Emergency and the COVID-19 Public Health Emergency (PHE) designations.  These emergency declarations have been in place since early 2020 and gave the federal government flexibility to waive or modify certain requirements in a range of areas, including Medicare, Medicaid, and CHIP programs; private health insurance; the authorization of medical countermeasures; liability immunity to providers who...
Do Pay Transparency Requirements Reduce Inequalities?

14 February 2023

Do Pay Transparency Requirements Reduce Inequalities?

Author: Anthony Kaylin

Pay transparency is a rock rolling downhill that is picking up steam.  A number of jurisdictions have pay transparency laws with Illinois the latest state to require it.  The findings of a recent survey by Talent.com of 2,000 employees shows that 98% of job seekers in New York City want to know a position’s salary before they apply. A Monster research project had similar findings, and 53% said they wouldn’t apply for a job without pay transparency upfront. 

AI in HR

7 February 2023

AI in HR

Author: Anthony Kaylin

Artificial Intelligence or AI is becoming more common in a variety of HR practices, especially on the recruitment side of HR.  At the same time, it is being bandied about by a variety of government organizations as being a hinderance to applicants and employees. 

Can an Employee Resource Group (ERG) Lead to Labor Issues?

31 January 2023

Can an Employee Resource Group (ERG) Lead to Labor Issues?

Author: Anthony Kaylin

Affinity Groups, Employee Resource Groups (ERGs), and the like are hallmarks of diversity programs.  Specifically, ERGs could consist of a variety of identities from African American, Hispanic, disabled, women, LGBTQ, and more.  90% of Fortune 500 companies have been reported to have at least one.  Those who participate in ERGs believe they help move the needle with equality and inclusion in their workplaces.  

U.S. Department of Labor to Require Labor Advisors for all its Agencies

24 January 2023

U.S. Department of Labor to Require Labor Advisors for all its Agencies

Author: Anthony Kaylin

The U.S. Department of Labor (DOL) Secretary Marty Walsh and White House Office of Management and Budget (OMB) Director Shalanda Young issued a joint memo to the heads of executive departments and agencies directing them to designate “labor advisors.”  The purpose of the labor advisors is to assist in the strengthening of implementation and review of Federal contract labor and employment practices based on recommendations from the White House Task Force on Worker Organizing...
Healthcare a Key to Retention of Employees

17 January 2023

Healthcare a Key to Retention of Employees

Author: Anthony Kaylin

A new survey by Forbes found that 8% of respondents left a job they liked to seek better health insurance. Another 20% decided to get a full-time job instead of a part-time job so they could get coverage. 31% of respondents with employer-sponsored insurance said they stayed with a job they disliked for the company’s health insurance. 

Be Careful if Laying Off H-1B Employees

10 January 2023

Be Careful if Laying Off H-1B Employees

Author: Anthony Kaylin

In a time when labor hoarding is occurring in some sectors, yet in others, layoffs are happening, employers with H-1Bs need to follow a process or it could be a costly mistake in which an H-1B is not found to be properly terminated.

 

Three New Laws for 2023 That HR Should Know

3 January 2023

Three New Laws for 2023 That HR Should Know

Author: Anthony Kaylin

Although a number of new laws started January 1, there are three that stand out for HR professionals outside of all the pay transparency laws.  These three laws were encompassed in the FY 2023 Omnibus Spending Bill, and all had bipartisan support.

Quick Hits - January 4, 2023

3 January 2023

Quick Hits - January 4, 2023

Author: Anthony Kaylin

Men want much higher salaries than women when switching jobs: The amount of money workers are demanding to switch jobs has been rising rapidly, recently hitting an eight-year record amid high inflation and the prospect of a recession. 

Government Year-End Update

20 December 2022

Government Year-End Update

Author: Anthony Kaylin

Although it would be expected that the ending of the year should be a quiet one, the Biden administration is going out with a bang that will cause some heartache for employers.  Below is a listing of some of the changes to expect going forward.

Should Time Worked Include Computer Boot-Up Time?

13 December 2022

Should Time Worked Include Computer Boot-Up Time?

Author: Anthony Kaylin

A recent U.S. 9th Circuit Court of Appeals case addressed this very question.  In Cadena et al. v. Customer Connexx LLC et al., No. 21-16522 (9th Cir. Oct. 24, 2022), the court had to determine when computer boot-up time is compensable.

OFCCP’s Proposed New Scheduling Letter

6 December 2022

OFCCP’s Proposed New Scheduling Letter

Author: Anthony Kaylin

The Office of Federal Contract Compliance Programs (OFCCP) has submitted a new scheduling letter and itemized listing for review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA).  The present scheduling letter expires in 2023.

EEOC Guidelines on LGBTQ Struck Down by Court, Now What?

29 November 2022

EEOC Guidelines on LGBTQ Struck Down by Court, Now What?

Author: Anthony Kaylin

On June 15, 2020, the Supreme Court ruled 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 just recently added itself to the list.

A New Approach to ADA Accommodations

22 November 2022

A New Approach to ADA Accommodations

Author: Anthony Kaylin

A recent U.S. Federal 11th Circuit case upended the U.S. Equal Employment Opportunity Commission (EEOC) guidance as to disability and accommodations.  Under the guidance, an employee merely has a functional rather than a medical definition of disability, and the determination of whether an individual has a disability doesn't necessarily hinge on the name or diagnosis of an impairment. Once an employer is on notice, they must engage in an interactive discussion concerning any...
Do Diversity Programs Work?

16 November 2022

Do Diversity Programs Work?

Author: Anthony Kaylin

Although diversity and DEI programs have proliferated, many question the effectiveness of these various programs.  It’s a booming industry. There are more diversity professionals today than anytime in the past.  Are they making an impact?

Active Listening is Key to Good Management

8 November 2022

Active Listening is Key to Good Management

Author: Anthony Kaylin

There have been a number of studies showing that employees value and trust their direct supervisor’s messaging more than the 2nd line or even the CEO.  The direct supervisor is a constant in their lives and likely to experience what they experience when they hear upper-level leaders talk. In engagement studies, communication and trust are generally the lowest rated items.

Buzzwords – Are They Useful or Annoying?

1 November 2022

Buzzwords – Are They Useful or Annoying?

Author: Anthony Kaylin

Year in and year out, buzzwords seem to take on a life of their own.  They do have benefits – buzzwords or corporate jargon often unify employees as a team.  Some employers even publish a list for employees to look up and understand when acronyms and buzzwords are widely used.  

Post Dobbs – Dealing with the Travel Issue

25 October 2022

Post Dobbs – Dealing with the Travel Issue

Author: Anthony Kaylin

Earlier this year, the U.S. Supreme Court ruled in Dobbs v. Jackson Women's Health Organization that abortion and access to abortion is not a constitutional right and reverted back to state laws for determining the legality of the procedure.  In other words, only states have the power to regulate abortion and access to it. 

Dealing with Naysayers

18 October 2022

Dealing with Naysayers

Author: Anthony Kaylin

Who wants to deal with employees always opposing or dismissing the actions of an employer?  No one wants to consistently hear negative feedback.  No one wants to hear “I told you so” either.  Yet naysayers play an important role in the organization, and if harnessed properly can add value to leadership messaging and actions.

How Should Employers Handle Workplace Proselytizing?

11 October 2022

How Should Employers Handle Workplace Proselytizing?

Author: Anthony Kaylin

The current U.S. Supreme Court endorses workers’ rights when it comes to expressing religious values at work.  In the last term’s case of Kennedy v. Bremerton School District, No. 21-418 (2022), Kennedy was a football coach who kneeled and prayed on the 50-yard line after a game.  He was suspended by the Bremerton School District in the state of Washington for whom he worked. 

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