ASE reviews, updates, and develops employee handbooks. One recurring issue we continue to see is outdated “no gambling” language. Roughly one in six handbooks still includes this rule, often buried in the Standards of Conduct or Rules policy.

As digital workflows become the norm across corporate America, electronic signatures have moved from a convenience to a necessity. From onboarding paperwork to vendor contracts and internal approvals, e-signatures streamline operations, reduce administrative overhead, and accelerate decision-making. Yet many companies still rely on ad-hoc processes or outdated assumptions about legal validity. For employers looking to modernize while staying compliant, establishing a clear and...

Bereavement leave offers employees time off to grieve following the death of a loved one – allowing them to mourn, settle affairs and participate in memorial activities. While not guaranteed by federal law in the U.S., it is increasingly recognized as a key element of compassionate employer policy.

Earlier this month an ASE member asked about whether doing a performance improvement plan (PIP) made sense if an employee was not performing well and respective management did not think a PIP would work. Should they do it anyway?

ASE’s last Michigan Policies and Practices Survey reports that on average over half of Michigan employers (55%) responding do not provide severance pay. Of those that do, many normally provide one or two weeks of pay per year of service as that benefit. However, over 50% of those that provide severance make the severance payout at management’s discretion.

Does your company have a drug testing policy, and do you test for marijuana (THC)? Does your company have a driving record checking policy?

With the tragic killing of the conservative political activist Charlie Kirk, thousands if not more people, went to their social media accounts to express their opinions in one fashion or another. In some cases employers have been forced to take employment action against workers that have posted comments perceived to be negative or in celebration of the tragedy.

In recent years employees have requested earlier access for earned wages than the normal payroll period.  With employees at times financially struggling, access to their earned wages outside of the normal payroll allows them flexibility to pay bills, rent, and other expenses in a timely manner. A recent study shows that 60% of Americans live paycheck to paycheck, making Earned Wage Access (EWA) a valuable financial benefit for employees. This is different than a payday loan which is a...

A compliance-related employee handbook policy that is often overlooked is the Genetic Information Nondiscrimination Act (GINA) policy statement. Though arguably not a required policy statement, it is a policy comparable to other policies on non-discrimination that should be in employee handbooks. These nondiscrimination policies tell employees, managers, and the world that the employer prohibits these forms of discrimination.

Last week, part I of this article laid out what a limitation of action agreement is and how it can be used by employers. This week we look at what the recent Michigan Supreme Court’s decision in Rayford v American House of Roseville I LLC handed down on July 31st said.

Even the most experienced HR professionals can fall into habits that create unnecessary risks or missed opportunities. Here are ten of the most common mistakes we see and how you can avoid them.

One of the more esoteric areas of employment law is the use of limitation of action clauses in handbooks and other employment documents. A limitation of action agreement, as the name suggests, limits the amount the time in which an employee may bring some sort of wrongful employment claim against the employer – a sometimes handy tool.

Employers with operations or employees in multiple states face challenges when creating policies that comply with varying state regulations. Many states now have different requirements related to areas like pay transparency and paid time off, and new employment laws are being introduced regularly.

Most of the country has heard by now about the cheating scandal that rattled tech start-up, Astronomer, when their CEO and CPO were caught on the kiss cam at a Coldplay concert. The two C-suite executives, allegedly having an affair, were called out by the singer for either just being shy or looking guilty. The moment went viral, resulting in a public relations nightmare for the two employees and their employer. It’s hard to resist the drama of a workplace scandal, but beyond the...

ASE reviews numerous employee handbooks each year. We recommend that employers review their handbook at least annually to ensure it remains compliant and accurately reflects the organization’s current practices and policies.

In a recent case decided by the Sixth Circuit Court of Appeals (Michigan is in this district), the Plaintiff worked at a social services agency as their Director of Social Services. She had recently been hired and raised several complaints about management, including concerns that patient care and staff performance were inadequate. Over time, her internal concerns grew and eventually reached the Agency’s Executive Director. 

Employers are increasingly grappling with the complexities of pay transparency as it reshapes recruitment, retention, and workplace equity. Recent studies from the Federal Reserve Bank of Minneapolis indicate that pay disclosure in job postings is growing, partly due to new legislation requiring employers to disclose pay ranges. However, pay disclosure is also expanding in areas where it is not mandated, suggesting that employers are embracing this change in response to unique challenges and...

A Code of Conduct is essential for organizations to establish a framework of ethical behavior and compliance expectations for employees. It serves to promote integrity, transparency, and accountability, guiding employees in their decision-making and actions. A well-crafted Code of Conduct can mitigate risks, enhance organizational culture, and foster trust among stakeholders. Key components typically include sections on ethical behavior, compliance with laws, conflict of interest, reporting...

SAFE leave is becoming more prominent as domestic violence and crimes against women are more widely reported.  One in four women and one in nine men experience severe intimate partner violence in their lifetime, according to the National Coalition Against Domestic Violence. Over 47% of women have encountered sexual violence, physical violence, or stalking by an intimate partner during their lifetime as reported by Break the Cycle.  More than 16 million people in the U.S. suffer...

Natural disasters cause significant disruption to both businesses and employees. As hurricanes, wildfires, floods, and other catastrophes become more frequent, it’s crucial for employers to have a Natural Disaster Leave Policy in place. Such a policy helps organizations navigate the challenges of managing employee leave while ensuring legal compliance and supporting their workforce. Key components include:

With election day approaching on November 5, Michigan employers should be prepared to handle requests from employees seeking time off to vote. Although Michigan does not have a specific law mandating voting leave, employers can play a critical role in encouraging civic participation by creating policies that allow employees to exercise their right to vote.

ESG stands for Environmental, Social and Governance. These are policies that companies are being asked to adopt that are “strategic frameworks that guide businesses in managing their environmental footprint, fostering social responsibility, and upholding strong governance practices.”

A year ago, the National Labor Relations Board (NLRB) by party lines ruled to ramp up its scrutiny of workplace rules.  The NLRB ruled that employer handbook policies violate the National Labor Relations Act if they have a "reasonable tendency" to dissuade workers from engaging in organizing activity, such as making workplace recordings and discussing concerns with colleagues.  Many employers are under the mistaken belief that the National Labor Relations Act only covers...

An unmarried partner (regardless of whether a man or woman) of a mother giving birth is becoming more and more common these days. Although state or local law may provide specific time off for a partner for pregnancy, the Family Medical Leave Act (FMLA) works slightly differently. Employers need to ensure that their policy supports the FMLA approach. The following case demonstrates how to handle the situation as PTO, FMLA, and wage and hour issues could arise.

Last week the Michigan Supreme Court ruled that the "adopt and amend” enaction of our current minimum wage and paid medical leave was unconstitutional. This means that PA 337 and PA 338, the original ballot initiatives of 2018, will take effect February 21, 2025. It also means larger employers that adopted paid time off benefits compliant with the amended law will have to modify their paid time off policies to comply with the originally passed law. It also means small employers,...