Quick Hits - December 21, 2022 - American Society of Employers - ASE Staff

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Quick Hits - December 21, 2022

Michigan minimum wage could be $13.03 starting February 19th:  In a press release issued December 5, 2022, the Michigan Department of Labor and Economic Opportunity confirmed that the state’s minimum wage will increase to $10.10 on January 1, 2023, and may increase again to $13.03 on February 19, 2023, pending ongoing litigation.  In addition to the increase to $10.10 per hour, as of January 1, 2023 the 85% rate for minors aged 16 and 17 will increase to $8.59 per hour, and the tipped employee rate increases to $3.84 per hour. The training wage of $4.25 per hour for newly hired employees ages 16 to 19 for their first 90 days of employment remains unchanged.  Whether the state will see the February increase is still uncertain due to an appeal of the Michigan Court of Claims’ July 19 ruling that the “adopt and amend” strategy used by the Michigan Legislature in 2018 to enact and, in the same legislative session, substantially amend two voter-initiated laws violated the Michigan Constitution. The court’s decision, which was subsequently stayed to February 19, 2023, voided the amendments and ruled that the voter-initiated laws remained in effect, setting Michigan’s minimum wage rate at $12.00 per hour in 2022. The voter-initiated laws also tied the state’s minimum wage to inflation starting in 2023, which would set the 2023 minimum wage at $13.03 should the originally adopted laws be implemented. The minimum wage for tipped employees would rise to $11.73.  Source:  Michigan LEO 12/5/22

Employees will take pay cuts for stability: A new survey from Insight Global conducted in late October among 1,005 adults nationwide, revealed that 77%, or more than 3 in 4, full-time workers plan to stay in their current jobs—a vast difference from the job-hopping mindset during the Great Resignation.  Workers are also looking to make themselves more indispensable, according to the survey.  More than 3 in 4 (77%) Americans say they plan to stay in their current job due to the current economic environment. 73% of American workers say the fear of a possible recession has motivated them to upskill—learn and improve their skill sets or take on additional projects at work—to help ensure they keep their job. More than 7 in 10 (71%) Americans say they're worried about losing their job if there is a recession. 61% of workers said they would be willing to take a pay cut to avoid being laid off if there is a recession.  Employees in management roles are even more inclined to take a cut in pay compared to non-management employees, with 3 in 4 (75%) managers saying they would be willing to take a pay cut. Source: Staffing Industry Analysts 11/29/22

New York state bans no-fault attendance policies:  New York State enacted legislation that bans no-fault attendance policies. The new law, which takes effect in late February, prohibits employers from penalizing workers based on "use of any legally protected absence pursuant to federal, local, or state law," and clarifies that assessing attendance points (or taking similar actions such as issuing demerits/occurrences or deducting from a time bank) constitutes retaliation under the law. (Lawmakers' written justification for the law contends that no-fault attendance policies discourage workers from taking protected leave and fail to inform them of their rights). New York's law goes further than the existing protections by declaring that the issuance of any attendance points (or equivalents) for protected absences constitutes retaliation, even when such points do not result in discipline or termination. Accordingly, New York employers must consider exceptions for any and all absences that result in attendance points to workers, and not only when they receive formal discipline as a result.  Source: Foley & Lardner 11/28/22

Illinois requires implementation of biometric retention and destruction policies:  An Illinois Appellate court ruled that the Illinois Biometric Information Privacy Act (“BIPA”) requires employers to have a retention and destruction schedule in place before they possess any biometric data. In Mora v. J&M Plating, Inc., the lawsuit alleged that the company violated the law by not having such policies in place before collecting the biometric data.  The Appellate Court agreed and cited the plain language of Section 15(a), which provides that “[a] private entity in possession of biometric identifiers or biometric information must develop a written policy . . .” The Court thus reasoned that the implementation of a written policy is triggered by the entity’s possession of biometric data. Although the company had implemented a written policy and properly destroyed biometric data, a company defendant may be liable for failing to implement the policy before possessing such data. As a result, Illinois businesses should ensure that their biometric privacy practices are entirely in compliance with the Act before beginning to collect any sort of biometric data.  Source:  Seyfarth Shaw 12/2/22

OFCCP proposes new disability self-ID form:  On November 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Voluntary Self-Identification of Disability form. The revised form and a discussion of changes to the form can be found at regulations.gov. The current version of the form will expire on May 31, 2023. In its revised version of the form, OFCCP has proposed the addition of several disabilities to the list of disabilities that were present in the previous iteration of the form, including the following: 

  • Disfigurement, for example, disfigurement caused by burns, wounds, accidents, or congenital disorders
  • Mobility impairment, benefiting from the use of a wheelchair, scooter, walker, leg brace(s) and/or other supports
  • Neurodivergence, for example, attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, other learning disabilities
  • Partial or complete paralysis (any cause)
  • Pulmonary or respiratory conditions, for example, tuberculosis, asthma, emphysema
  • Short stature (dwarfism)
  • Substance use disorder (not currently using drugs illegally)
  • Traumatic brain injury. 

OFCCP has also proposed several revisions to the current list of disabilities on the form. Some examples of disabilities have been broadened or made more specific. Others have been combined with previously listed disabilities or new conditions.  Comments should be submitted by January 17, 2022.  Source:  DCI 11/28/22

Have respect for y’all: Southern Living magazine once described “y’all” as “the quintessential Southern pronoun.” It’s as iconically Southern as sweet tea and grits. While “y’all” is considered slang, it’s a useful word, nonetheless. The English language doesn’t have a good second person plural pronoun; “you” can be both singular and plural, but it’s sometimes awkward to use as a plural. It’s almost like there’s a pronoun missing. “Y’all” fills that second person plural slot – as does “you guys,” “youse,” “you-uns” and a few others. Y’all” might serve an important function, but it has acquired negative connotations.  Back in 1886, The New York Times ran a piece titled “Odd Southernisms” that described “y’all” as “one of the most ridiculous of all the Southernisms.”  That perception has persisted. Like the Southern dialect in general, the use of “y’all” has often been seen as vulgar, low-class, uncultured and uneducated. As someone noted in Urban Dictionary, “Whoever uses [y’all] sounds like a hillbilly redneck.”  Interestingly enough, an article published in the Journal of English Linguistics in 2000, was titled “The Nationalization of a Southernism”; based on scientific polling, the authors suggested that “y’all” will soon be seen as an American, rather than Southern, word.  So happy holidays y’all! Source:  The Conversation 11/29/22


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