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
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
6/11/2024
/ Appeals ,
Department of Labor (DOL) ,
Employee Definition ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
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
8/21/2023
/ Child Labor ,
Compliance ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Agency Taskforce ,
Investigations ,
Labor Law Violations ,
OSHA ,
Penalties ,
Wage and Hour
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
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
4/10/2023
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Governor Whitmer ,
New Legislation ,
NLRA ,
Repeal ,
Right to Work ,
State Labor Laws ,
State Legislatures ,
Union Security Clauses ,
Unions
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
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
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
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
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
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
In 2022, automotive suppliers face many of the same issues that have bedeviled the industry throughout 2021, as well as a host of all-new challenges. Unfortunately, as with many aspects of pre-pandemic life, the relative...more
3/17/2022
/ Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corruption ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Electric Vehicles ,
Federal Trade Commission (FTC) ,
Final Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Hart-Scott-Rodino Act ,
IMMEX ,
Infrastructure Investment and Jobs Act (IIJA) ,
Mexico ,
Motor Vehicles ,
National Security ,
NHTSA ,
Notice of Proposed Rulemaking (NOPR) ,
OEM ,
Office of Foreign Assets Control (OFAC) ,
OMB ,
Supply Chain ,
Supply Shortages ,
U.S. Treasury ,
Vertical Mergers
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
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
2/7/2022
/ Classification ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Misclassification ,
Special Investigators ,
State and Local Government ,
Wage and Hour
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
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
3/24/2021
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Employee Definition ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Minimum Wage ,
NLRB ,
OSHA ,
Policies and Procedures ,
Reasonable Accommodation ,
Sick Leave ,
Vaccinations
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
3/10/2021
/ Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Mexico ,
NHTSA ,
Patents ,
Safety Standards ,
Supply Chain ,
Trade Wars ,
U.S. Customs ,
United States-Mexico-Canada Agreement (USMCA) ,
Vaccinations ,
Vertical Mergers
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
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
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
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
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
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
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
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
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