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 March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array...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
A few weeks ago, our All Things HR Blog took time to tackle frequently asked questions about the enforceability of restrictive covenants in Michigan, including employee non-compete restrictions. We decided this would be a...more
Employers are routinely challenged in navigating the U.S. Department of Labor’s (DOL) test to determine independent contractor status of workers under the federal wage and hour laws. Employers regularly retain workers as...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 April 3, 2020, Governor Whitmer issued Executive Order 2020-36 declaring that individuals permitted to go to work pursuant to the Governor’s current stay-at-home order Executive Order 2020-21 must stay home when either...more
President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150...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
The internet age has opened up seemingly countless digital platforms for employers and employees to use in seeking to fill, and applying for, open positions. ...more
From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis in those states in which it is legal to...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 May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The...more