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 ,
Labor Management Relations Act (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
On December 2, 2020, the Centers for Disease Control and Prevention (the “CDC”) amended its guidelines to shorten the quarantine time period in situations when an individual has been in close contact with someone who has...more
As COVID-19 diagnoses surge across Michigan, the Michigan Occupational Safety and Health Administration (“MIOSHA”) announced that enforcement of Emergency Rules on COVID-19 would be expanded and that increased emphasis would...more
Recently, the Michigan Supreme Court held that Governor Gretchen Whitmer lacked the authority to issue or renew executive orders relating to COVID-19 beyond April 30, 2020. After the Michigan Supreme Court issued its ruling,...more
On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more
On Friday, August 7, 2020, Governor Gretchen Whitmer issued Executive Order 2020-166, Protecting workers who stay home, stay safe when they or their close contacts are sick – Rescission of Executive order 2020-36. This is an...more
As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet...more
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 July 16, 2020, the U.S. Department of Labor (DOL) issued new optional-use forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA). As with the prior forms available from the...more
On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more
On Friday July 17, 2020, Governor Gretchen Whitmer rescinded Executive 2020-147, issuing revised face covering requirements in Executive Order 2020-153.
The general requirements set forth by the Order remain unchanged -...more
Manufacturers often find it necessary to schedule temporary plant shutdowns during the year for maintenance purposes or new model changeovers, and require employees to use their vacation during this time. Given that many of...more
On Friday, July 10, 2020, Governor Gretchen Whitmer signed Executive Order 2020-147, requiring the wearing of protective face coverings in indoor places of public accommodation.
2020-147 additionally requires that...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first set of guidance for employees and employers on the Families First Coronavirus Response Act (FFCRA) just before midnight on March Tuesday, March...more
...The Impact of Emerging Technologies on Global Automotive Supply Chains -
The intense focus on autonomous vehicles and electrification we see today shows no signs of slowing down: in the new automotive industry, every...more
2/13/2020
/ Antitrust Provisions ,
Automotive Industry ,
Chapter 11 ,
Commercial Bankruptcy ,
Data Privacy ,
Employer Liability Issues ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA)
“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more
Under new EEO-1 reporting requirements, private employers with 100 or more employees are required to submit Component 2 data for the calendar years 2017 and 2018 by September 30, 2019....more
A sales employee suffers from acute stress and anxiety, which ultimately force him to take a 12-week medical leave of absence under the FMLA. Later that year, when the employer considers bonuses, the employee does not...more
In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is...more
A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any...more
Under a final rule issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), effective January 19, 2017, federal government contractors must...more