On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considers to be...more
On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
The specter of workplace violence is certainly one of the top concerns that keep employers awake at night. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening...more
Attention Government Contractors! This is another friendly reminder that Friday, June 29, 2023, is the deadline for you to use the OFCCP Contractor Portal platform to certify whether your company is meeting their requirements...more
As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave...more
As you may have heard, in a published notice issued on August 19, 2022, the Department of Labor’s Office of Federal Contractor Compliance (OFCCP) informed contractors that it had received a Freedom of Information Act request...more
What is one of the key ways to promote good attendance? For many employers, it is by implementing a perfect attendance award bonus for employees who work for a month or a quarter without missing any scheduled work days...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)
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
Like most businesses, you probably are in dire need of qualified, motivated employees. One often overlooked source is transitioning service members and veterans. These men and women are truly special because they understand...more
Developments immediately before the holiday break have many employers scrambling as the OSHA ETS has seemingly come back to life. The Sixth Circuit, in a 2-1 decision by a 3-member panel, dissolved the temporary stay...more
As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS) covering private employers with 100 or more employees. While we have seen court challenges and indeed the...more
11/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Executive Orders ,
OSHA ,
Privately Held Corporations ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) that concerns vaccine mandates and large private employers early Thursday, November 4th....more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Preemption ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
If your company does business with the federal government or subcontractors of the federal government, you may have to require that your employees become fully vaccinated against COVID-19 by December 8, 2021.
On...more
9/28/2021
/ Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Health Care Providers ,
Joe Biden ,
Medicaid Reimbursements ,
Medicare ,
OSHA ,
Procurement Guidelines ,
Service Contract Act ,
Vaccinations
In almost every city and town in the United States, you cannot drive down a street without seeing “Help Wanted” signs or hearing about how businesses cannot fill open jobs in the face of post-pandemic customer demand. While...more
Michigan has hit the 55% target of vaccinated individuals receiving at least a single vaccination dose, and this means that office work may resume effective Monday, May 24, 2021.
vPractically, what does this mean for...more
If you are a U.S. manufacturer with operations in Mexico, please pay attention. As we previously reported, the United States-Mexico-Canada Agreement (USMCA) has certain labor union requirements, a key one being that...more
On Thursday, April 29 Michigan Governor Gretchen Whitmer held a press conference announcing the “MI Vacc to Normal Challenge” to re-open portions of the Michigan economy restricted in response to the COVID-19...more
Last week, the Michigan Department of Health and Human Services (MDHHS) issued new guidance that reinstates a 14-day quarantine standard for those who have had “close contact” with someone who has had COVID-19. Thus,...more
On Tuesday, April 13, 2021, Michigan Governor Gretchen Whitmer signed a certificate of need authorizing an extension of the Michigan Occupational Safety and Health Administration (“MIOSHA”) COVID-19 Emergency Rules (the...more
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
LMRA ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
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
Even before COVID-19, many businesses had employees residing in states other than where the company may have its corporate headquarters or larger facilities with a dedicated human resources team. Certainly, a trend...more