Miller Canfield

EEOC Amends Prior Proposal to Include Pay Data Within EEO-1 Form

On Wednesday July 13, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) issued a revised proposal expanding pay data collection from federal contractors and other employers with more than 100 employees who…more
| Civil Rights, Labor & Employment Law

OSHA Delays Enforcement of Injury Reporting Anti-Retaliation Provisions

We recently alerted you to provisions affecting employer drug testing and safety incentive programs contained in the amended OSHA Injury & Illness Recordkeeping Standard. Drug testing and safety incentives that OSHA deems to…more
| Labor & Employment Law

Board Continues Expansion of Joint Employer Doctrine, Allows Unions to Organize Mixed Units of Regular Employees and Staffing Agency Temps

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions. These…more
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law

Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,…more
| Civil Procedure, Communications & Media Law

New OSHA Rule Could Affect Employers’ Drug Testing and Safety Incentives

The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related…more
| Labor & Employment Law

DOL's 'Persuader' Rule Blocked By Texas Judge

A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold. On June 27, 2016, a federal district court…more
| Civil Remedies, Constitutional Law, Labor & Employment Law

Nike Voluntarily Dismisses Closely Watched Lawsuit Against Olympic Hopeful

Nike has voluntarily dismissed a lawsuit it had filed against middle-distance runner and Olympic hopeful Boris Berian. At issue was whether Berian breached an endorsement agreement with Nike when—after the agreement’s…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Communications & Media Law

How Brexit Affects You and Your Intellectual Property

As you may have heard, the United Kingdom voted this week to leave the European Union. This has left many wondering what impact Brexit will have on their intellectual property rights in the UK and the European Union. In the…more
| Communications & Media Law, Intellectual Property, International Law & Trade

United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious…more
| Civil Procedure, Civil Rights, Constitutional Law, Education

OSHA Increasing Fines for Violations

Penalties assessed against employers for OSHA workplace health and safety violations will be adjusted for inflation under a law passed by Congress. On Nov. 2, 2015, Congress passed the Bipartisan Budget Act of 2015, which…more
| Labor & Employment Law

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run from…more
| Civil Procedure, Civil Rights, Labor & Employment Law

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe Harbor” Provision

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act…more
| Civil Rights, Labor & Employment Law

New Overtime Rules Issued: Employers Must Review Status By Year-End

On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional…more
| Labor & Employment Law

EEOC Issues New Publication on Leave as Accommodation Under ADA

On May 9, 2016 the Equal Employment Opportunity Commission (EEOC) issued a new resource document regarding employer-provided leaves of absence as an accommodation under the Americans with Disabilities Act (ADA). The new…more
| Civil Rights, Labor & Employment Law

OSHA Issues Rule Requiring Employers to Publish Workplace Injuries

The Occupational Safety & Health Administration (OSHA) has issued a new rule requiring certain employers to submit electronic copies of their OSHA Injury and Illness Logs so OSHA can publish employers’ Logs on OSHA’s public…more
| Labor & Employment Law
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