The game of legal whiplash is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will go into effect on February 21,...more
On July 1, 2024, the Department of Labor’s rule raising the salary threshold for workers to be exempt from the overtime requirements of the Fair Labor Standards Act becomes effective. Labor lawyers and HR professionals have...more
Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the...more
10/9/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Bias ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Machine Learning ,
Pregnant Workers Fairness Act ,
Race Discrimination ,
Sex Discrimination ,
Strategic Enforcement Plan
Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone....more
The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will NOT go into effect on February 20, 2023....more
Important Update (January 26, 2023): The Earned Sick Time Act Is Out – For Now The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage...more
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, the “Act”), which amends the Federal Arbitration Act and ensures that victims of...more
On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go...more
12/24/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
On Thursday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) and Centers for Medicare & Medicaid Services (“CMS”) rolled out temporary emergency standards (“ETS”) implementing COVID-19...more
As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes...more
In the aftermath of the Michigan Supreme Court’s recent ruling that Governor Whitmer did not have legal authority to issue her Executive Orders, the Michigan Legislature and the Governor’s office have reached an agreement on...more
Coronavirus continues to impose hardships on lives around the globe. Employers of American workers have to adjust to constantly-evolving laws and regulations governing their operations to keep their employees safe....more
On March 16, 2020, Michigan’s Governor issued Executive Order 2020-10 (COVID-19). The Michigan Executive Order provides that, effective immediately and through April 14, 2020 at 11:59 pm, Michigan employees will be permitted...more
It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention...more
Contracting parties sometimes agree to designate a third-party to make determinations relating to their agreement. The Michigan Court of Appeals recently issued an opinion explaining the rules and consequences of third-party...more
The American population, and thus the American workforce, is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to...more
Most folks reading this post are subject to a slew of policies that govern his or her employment. For most of us, workplace policies govern when we come to work, what we do when we get there, when we can leave for the day,...more
Governor Rick Snyder signed bills today implementing changes to Michigan’s minimum wage and paid sick time laws. These changes have the potential to affect most employers with Michigan employees....more
Following the passage of Proposal 1 on the 2018 Michigan mid-term ballot, Michigan became the 10th state to legalize, regulate, and tax cannabis use. Under Proposal 1, certain portions of which may become effective as early...more
On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”). Michigan’s Prevailing Wage...more
On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the...more
On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more
3/3/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Obama Administration ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Secretary of Labor ,
Students ,
Title IX ,
Transgender ,
Trump Administration ,
Universities ,
Withdrawal
18 Other States and the District of Columbia Also Set to Rise -
As we near the end of 2016, Ohio employers should note that as of January 1, 2017, Ohio’s minimum wage rate will increase by $.05 cents per hour, from...more
The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more
5/31/2016
/ Constructive Discharge ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employees ,
Green v Brennan ,
Race Discrimination ,
Resignation ,
Retaliation ,
SCOTUS ,
Statute of Limitations ,
Title VII ,
USPS