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The Post Pandemic Workplace: Remote Employees and Requirements

15 June 2021

The Post Pandemic Workplace: Remote Employees and Requirements

Author: Anthony Kaylin

As we begin to pass by the pandemic and bring back workers to the physical workplace, a host of issues has to be reviewed by HR with the new workplace.  In some cases, employers are having a hybrid approach to working.  In other cases, employers are allowing for 100% remote work.  Finally, other employers are requiring 100% return to the office.  And in today’s world, if the job can be remote, recruitment could be expanded outside the normal recruiting area, possibly...
Marijuana – Should Employers Still Test for It?

8 June 2021

Marijuana – Should Employers Still Test for It?

Author: Susan Chance

Even though 56% of Michigan voters approved the recreational use of marijuana on November 6, 2018, and it became legal on December 6, 2018, it seems that it is only recently that more and more employers are rethinking their drug screening policies. This is in large part due to the problem of finding employees, and especially in finding employees who will not test positive for the substance.
U.S. Supreme Court Limits Employers’ Recourse Against Errant Employee Computer Usage

8 June 2021

U.S. Supreme Court Limits Employers’ Recourse Against Errant Employee Computer Usage

Author: Michael Burns

As the U.S. Supreme Court’s (SCOTUS) 20/21 term wraps up, last week it issued a ruling impacting employers’ employee computer usage policy. In its Van Buren v. United States (No.19-783) case SCOTUS ruled the Computer Fraud and Abuse Act (CFAA) could not be used against employee abuse of company owned computers and databases. 

Employee Perspectives on COVID-19 Vaccinations

27 April 2021

Employee Perspectives on COVID-19 Vaccinations

Author: Heather Nezich

Will vaccinations be the next big challenge for HR? Likely so.  49% of working Americans believe that employers should require vaccination proof for those employees returning to the workplace. Similarly, 48% of workers agree that employers should require vaccines, while 53% of workers believe employers should offer vaccine incentives to their employees. More than one-third of workers (35%) say non-vaccinated employees should not be permitted to work in-person with co-workers.
Bereavement Leave Benefit – What’s Trending

20 April 2021

Bereavement Leave Benefit – What’s Trending

Author: Michael Burns

With the reality that the loss of a loved one can be one of the most difficult challenges a person will ever face, most employers have provided a bereavement benefit consisting of three days (sometimes more) of pay. The historical purpose for this benefit was so an employee could make funeral arrangements but has not historically provided a lot of time for the personal grieving process.

Know Employment Credit Check Limitations Per State – Part 3

6 April 2021

Know Employment Credit Check Limitations Per State – Part 3

Author: Susan Chance

This is the last installment in the list of locations which have laws restricting the use of credit checks in employment decisions. Keep in mind that laws are constantly changing, and new laws can be enacted at any time.

Center for Disease Control (CDC) Issues Employer Vaccination Program Guidance

23 March 2021

Center for Disease Control (CDC) Issues Employer Vaccination Program Guidance

Author: Michael Burns

Last week the CDC published guidance for employer vaccination programs. The CDC is encouraging employers to promote the value of getting vaccinated as soon as possible. This includes building employee confidence toward getting vaccinated, helping determine when employees can get vaccinated, deciding whether onsite or offsite vaccination programs make sense to promote, and suggestions about how to avoid workers unexpectedly having to be off work due to vaccine side effects.

Questions to Consider if Your Organization is Evaluating the Use of Vaccine Passports

16 March 2021

Questions to Consider if Your Organization is Evaluating the Use of Vaccine Passports

Author: Michael Burns

Vaccine passports, documentation that an individual received a vaccination and is presumably better protected against a virus or has recently been tested and found negative, are being debated and considered by many before allowing employees to return to work. Having one’s shots to travel internationally is not new. But expanding the use of a vaccine passport for entry into concert venues, sport events, or using that passport to come to work is new.

Return to Work – Under the Microscope

2 March 2021

Return to Work – Under the Microscope

Author: Linda Olejniczak

The remote work experiment is soon to become the return-to-work (RTW) experiment.  Reacclimating back to an on-site workforce will present an enormous change.  Returning to the workplace could mean recalling furloughed employees, transitioning away from mandatory remote work, or ramping back up toward full productivity. Maybe all three. Help your workforce make the psychological shift back.  Management teams should lead with empathy and demonstrate an understanding that while...
Post COVID Pandemic Employee Handbook Policies

23 February 2021

Post COVID Pandemic Employee Handbook Policies

Author: Michael Burns

One (or two) questions that have been brought to ASE by employers when requesting a review of their employee handbook over the last year has been, do we need a COVID-19 policy? And/or what other policies do I need to have in place given the pandemic?
Business COVID Liability Protections Debated Along with Financial Relief for Unemployed Workers

15 December 2020

Business COVID Liability Protections Debated Along with Financial Relief for Unemployed Workers

Author: Michael Burns

In-house General Counsels were surveyed recently by Morrison & Foerster LLP, and responses indicate that many are bracing for an influx of employment related litigation resulting from the COVID health crisis. 90% of the 80 General Counsel surveyed at global corporations saw wrongful employment practice litigation as the biggest legal risk they foresee.

Managing Working Parents

1 December 2020

Managing Working Parents

Author: Anthony Kaylin

According to the latest U.S. Census report on employment characteristics on families, of the nation's 82.6 million families, 33.4 million families, or two-fifths of all families, included children under age 18. At least one parent was employed in 91.3% of families with children.  Among married-couple families with children, 97.5% had at least one employed parent in 2019, and 64.2% had both parents employed.

Should Employers Stop Using NDAs for Discrimination Settlements?

24 November 2020

Should Employers Stop Using NDAs for Discrimination Settlements?

Author: Anthony Kaylin

As a general par for course, many organizations routinely use a nondisclosure agreement (NDA) in settlements of discrimination claims.  What the NDA includes are confidentiality provisions and nondisparagement clauses to settle discrimination and other workplace complaints.

My Kids Are in Remote Learning and I am Running Out of Time

3 November 2020

My Kids Are in Remote Learning and I am Running Out of Time

Author: Anthony Kaylin

The Families First Coronavirus Response Act (“FFCRA”) was enacted in March 2020 which expanded both medical leave and the Family Medical Leave Act – providing both as paid leave. This legislation is also known as the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”).  The law impacted employers with 500 or less employees, and it was just for the calendar year 2020.

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

15 September 2020

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

Author: Anthony Kaylin

When employees, especially sales people, have access to various electronic devices, databases, and documents from an organization, at what point does a company have a right under the federal Computer Fraud and Abuse Act (CFAA) to bring a case against an exiting employee for computer fraud? 

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