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Michigan’s Minimum Wage Is Set To Increase January 1, 2022

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Michigan’s minimum wage rate will increase to $9.87 on January 1, 2022, an increase from the current $9.65.

Michigan’s Improved Workforce Opportunity Wage Act of 2018 establishes the annual schedule and increases.

The Michigan Wage & Hour Division announced last week that “while the law does prohibit scheduled increases when the state’s annual average unemployment rate for the preceding calendar year is above 8.5%, it is highly unlikely Michigan will exceed this threshold causing another delay as occurred in 2021.”

The state’s 2021 annual unemployment rate, which is determined by the U.S. Bureau of Labor Statistics (BLS) within the U.W. Department of Labor, is calculated by using both average labor force and unemployment levels for January through December. The annual average unemployment rate for 2021 is expected to remain well below 8.5%.

As such, effective January 1, 2022:

  • Michigan’s minimum wage will increase to  $9.87 an hour.
  • The 85% rate for minors aged 16 and 17 increases to $8.39 an hour.
  • Tipped employees’ rates of a pay increase to $3.75 an hour (but guaranteed to make the full minimum wage when you add wages plus tips).

The training wage of $4.25 an hour for newly hired employees, 16 to 19 years old, for their first 90 days of employment remains unchanged.

A copy of the Improved Workforce Opportunity Wage Act and related resources may be obtained by visiting www.Michigan.gov/wagehour.

Even Small Businesses Need Background Checks

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When small businesses start to grow, they look for a larger staff count to take on new job roles as the company expands. Hiring decisions are some of the most important investments businesses will make throughout the lifetime of a company. A single bad hire can have a massive negative impact on a company’s chances of success.

 

The most reliable method for securing qualified talent is the use of small business background screening services.

 

Risks associated with the hiring process

 

When small businesses rely on family, friends, and community partnerships when it comes to new hires. Reaching out through already-formed connections is generally seen as a more affordable way to create a reliable and trustworthy team. However, there is always the risk that small business owners may not know as much about their friends as they thought.

 

It is unlikely that employees hired through these friendship networks will be entirely forthcoming about their pasts. This lack of knowledge can put both a business and customers at risk if, for example, an employee with a DUI criminal history is placed behind the wheel of a company car.

 

Aside from affecting reputation, poor hiring choices can also lead to significant financial consequences. The average cost of completing the hiring process runs around $4,000. This does not include the cost of litigating negligent hiring suits, loss of product or assets, or drops in revenue from reputational harm. The true cost of a poor hire is therefore much greater.

 

Outsourcing for background screenings

 

A properly run background screening can help a small business ensure that their new employee is a perfect fit and that there will be no surprises. Third-party record search sites can be inaccurate and restricted, and checking references takes time. Therefore, it is important for small businesses to outsource the background check to a company that is up-to-date on industry regulations and compliant with all legislation.

 

A good background check company will provide customized products and services based on the business needs. It will be Fair Credit Reporting Act compliant and offer seamless software integration. Small businesses should be sure to seek out background check companies with outstanding customer support.

 

At Bottom Line Screening, clients are in direct contact with one person who knows the business history and its needs. There is no time wasted in explaining the situation to yet another customer service representative. Bottom Line Screening offers customers added value through one-on-one customer service.

 

We work to deliver comprehensive, professionally designed background checks customized to our client’s specific needs, backed by a compliance department that is FCRA certified. Bottom Line Screening stays on top of changing legislation and compliance so that small businesses can be sure that their hiring processes – and hiring choices – are solid.

 

Growth is exciting, especially for small businesses, and it shouldn’t be rushed. Small business owners should understand the risks of hiring without background checks and recognize the long-term benefits of ensuring that their future employees are the best fit all around.

CDC and EEOC Changes For Employers

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Application for Employment

Going Back to Work After COVID

 

After more than a year of drastic changes, employers can finally expect to see things shifting around for the better. As more Americans receive the vaccine and infection numbers start to slow, restrictions are relaxing. Employers still need to stay alert, though, as things begin to open back up so that they can make the best decisions for their companies and their employees.

 

Increased competition

 

2020 brought us a record 17.7% unemployment, the highest since the Great Depression. Many people have been relying on unemployment benefits to get through. However, in 2021, various states have begun ending those unemployment benefits. This means that the market is about to see a large influx of job seekers.

 

While this can be good news for employers, they should also be aware of the amount of work that will accompany the hiring process. Now, more than ever, employers will need reliable background checks to help narrow the field of applicants. Employers should be looking to fill gaps for the long term, and finding the best prospective employee from such a large applicant pool will be challenging. To get ahead of the curve, employers should have their background check procedure ready and waiting for the surge.

 

Long-term forecasts

 

Experts warn that, since we are still living through an unprecedented situation, recovery may be slow. The end of unemployment benefits is just one anticipated factor for the job market and hiring in the coming months and years.

 

Because COVID-19 is a pandemic, its effects are global. One country vaccinating the majority of its population does not mean that the virus is over. Experts caution that we will be feeling the effects of the virus for years to come. Employers will have to continue to be flexible and adapt to changing guidelines, but they can help themselves out by making plans to get ahead of forecast trends.

 

Changing mandates

 

Employers also need to consider the way forward in the face of the new CDC guidance of May 2021 regarding mask-wearing. In response to the CDC’s changing guidelines, the Equal Employment Opportunity Commission laws were updated on May 28.

 

Employers are not prevented from requiring employees to be vaccinated before physically entering the workspace, as long as the policy is in compliance under Title VII and allows reasonable accommodations for ADA, religious factors, and pregnancy. Employers need to decide what company policy will be, moving forward, and communicate that to all employees. These need to be clear and enforceable, and some employees might push back against these changes.

 

Employees have also been greenlit to offer incentives for vaccination and to require employees to provide proof of vaccination. All such information must be kept confidential under law. The Genetic Information Nondiscrimination Act prevents employers from also requesting medical or genetic information along with vaccination information. Again, employers need to carefully consider their new policies and make them clear to all employees.

 

Moving forward

 

Employers who have made many changes over the past sixteen months have already proven themselves to be resilient and flexible. While we’re finally getting on top of the virus, more changes are bound to come. By paying attention to the experts and anticipated trends in both global health and employment, employers can position themselves to be effective while protecting their employees and their company.

Are you an employer in Illinois? Human Rights Act Amendment: Adverse Action Requirements

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On March 23, 2021, Governor Pritzker signed an amendment to the Human Rights Act regarding requirements to the Adverse Action process that are an addition to the FCRA if you choose to not hire an applicant due to information on their background check.

1.    Adverse Action Requirements

If an employee has a criminal record, an Illinois employer cannot take adverse action based on that record unless (1) there is a substantial relationship between the prior criminal offense and the employment sought or held, or (2) granting or continuing employment would involve an unreasonable risk to property or to the safety of specific individuals or the general public.

Prior to concluding that there is a “substantial relationship”, an employer must consider two things: (1) whether the position offers the opportunity to commit the same or a similar offense, and (2) whether the circumstances leading to the conduct that the person was convicted to will recur in the new/current employment position. In order to determine if a “substantial relationship” exists, the employer should consider the following factors:

  • the length of time since the conviction;
  • the number of convictions on his/her record;
  • the nature and severity of the conviction and its relationship to the safety and security of others;
  • the facts and circumstances surrounding the conviction;
  • the age of the employee at the time of the conviction; and
  • any evidence of rehabilitation.

2.    Pre-Adverse Action Notice Requirements

After an employer determines that the conviction disqualifies the employee for the position, the employer must follow new pre-adverse action notice requirements that are in addition to the Fair Credit Reporting Act (“FCRA”) notice requirements. This new notice to the employee must include:

  • notice of the disqualifying conviction(s) that are the basis for the decision and the employer’s reason for disqualification;
  • a copy of the conviction history report (if one exists); and
  • an explanation of the employee’s right to respond to the notice before the decision becomes final.

The notice must inform employees that their response may include, but is not limited to, the following: submission of evidence challenging the accuracy of the conviction record, or evidence of mitigation including rehabilitation. The employer must provide the individual at least five business days to respond and must consider any response before such decision becomes final.

3.    Post-Adverse Action Notice Requirements

The new law also adds a post-adverse action notice requirement. Following any final decision disqualifying an employee, the employer must notify the employee, in writing, of the following:

  • the disqualifying conviction(s) that are the basis for the final decision and the employer’s reasoning for disqualification;
  • any existing procedure for the employee to challenge the decision or request reconsideration; and
  • that the employee has a right to file a charge with the Illinois Department of Human Rights.

Consistency is important in making this determination for every applicant that has a criminal record.  It is advised to consult with your legal team when implementing these changes regarding your hiring policies.

Recreational Marijuana Is Legal in New Jersey: What Employers Need to Know

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On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes the recreational use of marijuana for adults age 21 and older and—unfortunately for employers—places significant burdens on companies doing business in New Jersey with respect to marijuana and the workplace. Among other things, CREAMMA prohibits an employer from taking adverse action against an individual solely because that person does (or does not) use marijuana recreationally and, in doing so, creates a new “protected class” under New Jersey law. CREAMMA also imposes on an employer the obligation to conduct a “physical examination” of an individual along with any drug test for marijuana and calls for employers to use certified “experts” to make decisions about an individual’s usage of, or impairment from, marijuana when employers conduct such testing.

CREAMMA represents a radical change in New Jersey employment law, and complying with the various employment-related provisions of the law will not be easy. Employers may want to take steps now to ensure their policies and practices do not run afoul of this new law.

Read the full article here: https://www.natlawreview.com/article/recreational-marijuana-legal-new-jersey-what-employers-need-to-know

Are you covering all aspects of moving in a new tenant? 4 Steps To Prepare Your Property

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Tenant Screening

How to prepare your property for a new tenant

As current tenants leave and you are welcoming new tenants, there are things that property owners and managers should do to maintain the safety of the property as well as the safety of the tenant(s). If landlords have property managers, now is the time to send them in to do their thing.

1. The safety of the property

 

Once the previous tenants have left, make sure to change the locks. Even if all keys have been turned in, copies may have been made. Landlords should make new sets for themselves, their property managers, and their new tenants. If it is a smart home, change the codes or PINs.

 

Use this time to test any safety devices in the home, including smoke detectors, carbon monoxide detectors, and security alarms. Make sure they are working and have fresh batteries. Remember to change the security code between renters.

 

Hire a professional to test the unit for mold and fungus issues. Landlords cannot rely on sight or smell, since these can be found in the walls and ceiling. Use this opportunity to bring in the experts and take care of any issues they find before they become health and safety concerns.

 

2.The cleanliness of the property

 

Hire a professional or rent a carpet cleaner to go over the entire unit. This will ensure not only that stains and odors are removed, but will also take care of dust mites, pet dander, cockroach allergens, and trapped pollutants. This step can also help prevent mold from growing. If your previous renter had a pet or your new renter has an allergy, carpet cleaning is essential.

 

Make sure to check the areas that renters often overlook in their cleanings, like dryer and HVAC vents, window treatments, light fixtures, baseboards, and fan blades. Landlords may want to hire a professional cleaner and ask for a deep clean. This is also the time to clean up any outdoor spaces, do yard work, or pressure wash the building.

 

Landlords should also consider whether they want to add a fresh coat of paint to the walls. Aside from making the space look fresh and clean, paint helps keep moisture out, which lessens the chances that mold and mildew will grow.

 

3.The functionality of the property

 

Make sure that all appliances are functioning so tenants can move in right away. Test everything: fridge, range, dishwasher, washer and dryer, and HVAC unit. Plan ahead and do this testing early in case a professional needs to be brought in. If a landlord or property manager can handle regular maintenance, such as changing filters, do so.

 

Thoroughly inspect the property for any kind of damage or warnings of future problems from everyday use as well as tenant damage. Check around tubs, toilets, showers, and sinks for water leaks. If there have been issues in this unit before, double-check that area in case they have popped up again. Don’t forget to scan the outside of the building for siding or shingle issues.

 

Landlords should take this time to walk through the rental property, testing railings, floorboards, steps, handles, doorknobs, light switches, and control panels. If a tenant is going to use it, the landlord should test it.

 

4.The suitability of the tenant

 

Most importantly, after all of this work has gone into preparing the unit, landlords should make sure that they choose a suitable tenant. This means screening renters to verify their identities, checking for criminal histories, and ensuring that they have the financial stability to rent the property. Landlords also need to create a fair rental agreement to protect all parties involved. Paperwork might include a cosigner agreement, a consent to sublease, a landlord’s notice to enter, or a landlord’s notice of non-renewal.

 

Bottom Line Screening offers multiple services for tenant screenings so landlords can be confident that they are renting to the best tenants. We offer Nationwide, County, and State Criminal Searches; Sex Offender Searches; Nationwide Eviction Searches; Tenant Credit Reports with FICO Score (soft inquiry); Employment Verifications; and Residence Verifications. Call or email to find out how Bottom Line Screening can help you choose a tenant who will respect your property and all of the hard work that goes into maintaining it.

 

Contingency Staffing and the Recruitment Process

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Dealing with a sudden understaffing can be troublesome. When a company is faced with a shortage, the business is forced to deal with production backlogs and revenue loss. Traditional staffing solutions may no longer provide the necessary experienced candidates.

Contingency staffing agencies, also known as temporary placement agencies, offer the solution. They work to find experienced contract workers on short notice to get businesses back on track without delay. Their recruitment process is incredibly efficient.

Because of a booming gig economy and rising labor shortages, many employers have begun hiring independent workers for short-term engagement. This is, after all, more profitable for companies than offering permanent employment. As a result, skilled manufacturing workers can decide to become contingent employees to open themselves up to more job opportunities.

A Bigger Pool of Candidates Continue reading →

Small Business Background Screenings Are As Important As Large Corporation Screenings

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When small businesses start to grow, they look for a larger staff count to take on new job roles as the company expands. Hiring decisions are some of the most important investments businesses will make throughout the lifetime of a company. A single bad hire can have a massive negative impact on a company’s chances of success.

The most reliable method for securing qualified talent is the use of small business background screening services.

Risks associated with the hiring process

When small businesses rely on family, friends, and community partnerships when it comes to new hires. Reaching out through already-formed connections is generally seen as a more affordable way to create a reliable and trustworthy team. However, there is always the risk that small business owners may not know as much about their friends as they thought.

It is unlikely that employees hired through these friendship networks will be entirely forthcoming about their pasts. This lack of knowledge can put both a business and customers at risk if, for example, an employee with a DUI criminal history is placed behind the wheel of a company car.

Aside from affecting reputation, poor hiring choices can also lead to significant financial consequences. The average cost of completing the hiring process runs around $4,000. This does not include the cost of litigating negligent hiring suits, loss of product or assets, or drops in revenue from reputational harm. The true cost of a poor hire is therefore much greater.

Outsourcing for background screenings

A properly run background screening can help a small business ensure that their new employee is a perfect fit and that there will be no surprises. Third-party record search sites can be inaccurate and restricted, and checking references takes time. Therefore, it is important for small businesses to outsource the background check to a company that is up-to-date on industry regulations and compliant with all legislation.

A good background check company will provide customized products and services based on business needs. It will be Fair Credit Reporting Act compliant and offer seamless software integration. Small businesses should be sure to seek out background check companies with outstanding customer support.

At Bottom Line Screening, clients are in direct contact with one person who knows the business history and its needs. There is no time wasted in explaining the situation to yet another customer service representative. Bottom Line Screening offers customers added value through one-on-one customer service.

We work to deliver comprehensive, professionally designed background checks customized to our clients’ specific needs, backed by a compliance department that is FCRA certified. Bottom Line Screening stays on top of changing legislation and compliance so that small businesses can be sure that their hiring processes – and hiring choices – are solid.

Growth is exciting, especially for small businesses, and it shouldn’t be rushed. Small business owners should understand the risks of hiring without background checks and recognize the long-term benefits of ensuring that their future employees are the best fit all around.

Michigan Updates Laws on Sealing of Convictions

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On October 12, 2020, Michigan Governor Gretchen Whitmer signed a series of bills that drastically affect the state’s “set-aside” authority, informally known as “expungement.” The bills will establish a new automatic mechanism to expunge certain convictions without a person having to ask for it. They also significantly expand eligibility for expungement under the existing petition-based application system.

Governor Whitmer announced, “This is a historic day in Michigan. These bipartisan bills are a game changer for people who are seeking opportunities for employment, housing, and more, and they will help ensure a clean slate for hundreds of thousands of Michiganders.”

She also added, “This is also an opportunity to grow our workforce and expand access to job training and education for so many people. I am proud to sign these bills today alongside Lieutenant Governor Gilchrist and many of the bipartisan leaders who worked on them.”

In responding to the bills, Republican House Speaker Lee Chatfield said, “Everyone deserves the chance to build a good life for themselves and their families. But far too many people enter the criminal justice system and end up cut off from those opportunities and are pushed toward a cruel cycle of poverty and crime. That’s not right, and it creates bad outcomes for all of us.”

He argued further, “These bills are an important step to righting that wrong and helping good people who’ve paid their debt get back on their feet. I am glad we were able to find common ground on this important issue and deliver reform that will help people statewide.”

A huge shift for Michiganders

Hundreds of thousands of Michiganders are estimated to be eligible for expungement under these new bills. Relief will be delivered automatically to a significant percentage of them when the automatic feature is expected to become operative in October 2022, pending necessary appropriation and a potential 180-day extension.

This legislative package makes Michigan the sixth state to enact an automatic conviction-sealing law covering a range of offenses. It also makes Michigan the third state to make relief automatic for some felony convictions, joining New Jersey and California.

Under pre-existing Michigan law, eligibility for expungement was quite restrictive. One of the bills in Michigan’s newly expanded legislative package expands discretionary petition-based relief to an unlimited number of less serious misdemeanors and up to three felonies, giving Michigan one of the broadest expungement laws in the country.

Major changes aheadMichigan Updates Laws on Sealing of Convictions

The most significant bill in the package, HB4980, establishes an automatic mechanism to expunge convictions, meaning that relief would be granted without a person having to file any petition at all or even indicating that they wanted it. However, a broad range of crimes involving violence or dishonesty, or subject to a lengthy sentence, are ineligible for automatic relief. In the case of more serious misdemeanors and felonies, a person with more than one conviction for an assaultive crime (broadly defined) is ineligible for relief.

The remaining six bills reorganize Michigan law concerning petition-based relief, for the most part expanding eligibility for set-aside for an unlimited number of non-assaultive misdemeanors and up to three felonies.

Michigan’s bill would require its automatic relief system to be made operational two years after the effective date of the law.