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Significant Changes Coming to Michigan Paid Sick Leave and Minimum Wage

On July 31, 2024, the Michigan Supreme Court issued a decision that significantly changes the state’s paid sick leave and minimum wage requirements. In Mothering Justice v. Attorney General, the Court determined that a...more

Department of Labor Rule Increasing Exempt Employee Salary Threshold Faces Legal Challenges

The Department of Labor’s (DOL) Final Rule increasing the salary threshold for certain exempt workers is facing multiple legal challenges (as widely anticipated). As the July 1 effective date of the salary changes looms,...more

Ensuring Child Labor Law Compliance Amid Growing Scrutiny

In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies. While employment of certain minors is permitted under federal...more

Change in Standard for Religious Accommodation Means Manufacturing Employers Need to Revisit their Accommodation Policies and...

On June 29, 2023, the Supreme Court upended the standard for the accommodation of employee religious beliefs and practices that have been relied upon by employers since 1977. Under Title VII of the Civil Rights Act of...more

Michigan Repeals Right-To-Work

In a highly anticipated move, on March 24, 2023, Governor Gretchen Whitmer of Michigan signed a repeal of the state’s 2012 so-called “Right-to-Work” legislation. The repeal had long been a stated goal of democrats in the...more

Plan for Recession Layoffs Now To Avoid Delay and Liability

As economists and news outlets inform us daily, there's a high chance that a recession is coming. In fact, some believe it is already here. As the threat of recession looms, forward-looking employers should prepare for a...more

Employment Dos and Don’ts When Implementing Workforce Reductions

As economists and news outlets inform us daily, a recession is coming – with some asserting it is already here. For many companies this signals a major change to what has been a very tight labor market. Employers are...more

Court Rules that COVID is Not a Natural Disaster Under the WARN Act

Is COVID a “natural disaster” under the WARN Act? It is common knowledge that the COVID pandemic has forced many employers to furlough or lay off employees. Some operations were closed altogether, while other companies...more

Is COVID a “Natural Disaster” Under the WARN Act?

As manufacturing employers are well aware, the COVID pandemic has forced many employers to furlough or layoff employees. Some operations were closed altogether, while others furloughed employees for various periods of time....more

Return to Work Considerations – COVID and the ADA

Employers are contending with difficult challenges unlike any time in modern history. Even though many employees, especially in the manufacturing industry, returned to work after working from home during the COVID pandemic,...more

Can COVID Be an ADA-Covered Disability? Alabama Federal Court Says “Yes.”

As the COVID pandemic continues, and an increasing number of employees have contracted the virus, there are many potential employment issues surrounding an employee’s positive test result. At the outset of the pandemic, many...more

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Union Lacks Standing to Bring COVID Lawsuit on Behalf of its Members

As the pandemic continues, so too does the threat to employers of employment litigation related to COVID-19. Employers face the prospect of claims related to leave, disability accommodation, remote working, vaccine mandates,...more

Key Employment Issues Facing Employers in the Automotive Industry

Automotive companies faced unprecedented challenges in 2020. In the coming year, these challenges will continue as companies navigate the continuing COVID-19 pandemic, related leave/quarantine issues and new challenges...more

Top Legal Issues Facing the Automotive Industry in 2021

One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues. Foley’s...more

Legal Cannabis in New Jersey Creates New Headaches for Employers

On February 22, 2021, New Jersey moved one step closer to the realization of legalization of recreational marijuana. While voters approved legalization of marijuana for recreational use in November, 2020, the details of how...more

Revised Michigan COVID-19 Health Order Extends Business, Gathering Restrictions through December 20, 2020 – Updated December 7,...

On Monday December 7, Governor Gretchen Whitmer and Michigan Department of Health and Human Services (“MDHHS”) Director Robert Gordon announced a twelve-day extension to the state health department’s COVID-19 restrictions and...more

Revised Michigan COVID-19 Health Order Re-institutes Business, Gathering Restrictions

On Sunday November 15th, Michigan Governor Gretchen Whitmer announced an extensive set of new restrictions aimed at slowing the spread of COVID-19 in the state. The Gatherings and Face Mask Order (the “Order”), issued by...more

A Patchwork of Legal Requirements Complicates Michigan Employers’ COVID-19 Response

As the COVID-19 pandemic continues into the winter months, the legal landscape for employers trying to navigate COVID related requirements grows ever more complicated and challenging. Employers are faced with a long list of...more

Department of Labor Doubles Down and Largely Reaffirms Limitations on FFCRA Leave, But Narrows Health Care Provider Exclusion

As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more

Revised Michigan Executive Orders Amend Workplace Safety and Gathering Requirements, Highlighting Need for Continued COVID-19...

On July 29, Governor Gretchen Whitmer announced two new Executive Orders revising workplace and gathering safeguards intended to curb the spread of COVID-19 in the state. Executive Order 2020-160 provides remote-work...more

Oakland County, Michigan Rescinds Emergency Order 2020-10 Requiring Screening and Social Interaction Measures at Open Businesses...

On Monday, June 1, 2020, Michigan’s Governor Gretchen Whitmer issued Executive Order 2020-110 (the “Order”) which rescinded the “Safer at Home” order established in Executive Order 2020-96. In response to the Order, Oakland...more

New Mexico Latest State to Prohibit NDAs for Sexual Harassment Claims

The #MeToo movement continues to echo in the halls of state legislatures. On March 4, 2020, New Mexico became just the latest state among many to enact legislation limiting the use of nondisclosure agreements in the context...more

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