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Showing 25 posts in Labor Relations.

What Employers Need to Know About DOL Employee Classification Rules

The much-anticipated independent contractor final rule issued by the U.S. Department of Labor (DOL) that became effective on March 11, 2024, is the next step in the evolution of employer/employee/independent contractor. Read More ›

Categories: Employment, Labor Relations, Liability

Time to Revisit Your “Standard” Employment and Separation Agreements

Confidentiality ClauseA recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation agreements.  Read More ›

Categories: Contracts, Employment, Labor Relations, National Labor Relations Board

Employer Q & A About New Pregnant Workers Fairness Act

Pregnant EmployeeThe Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. It was passed by the U.S. Congress in December 2022 with bipartisan support due to a growing awareness of the country’s worsening maternal health outcomes and lack of support for pregnant working mothers. Read More ›

Categories: Alerts and Updates, Employee Benefits, Employment, Labor Relations, Legislative Updates

NLRB Puts Employment Handbooks Under More Scrutiny

Searching Employee HandbookEmployers often have workplace policies which are typically contained in an employment handbook. These handbooks may include policies regarding the confidentiality of business information, the use of cell phones during work, employer internal investigations, the taking of pictures and recordings at work, and not bad-mouthing the company, among others. On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision that will have a major impact on employers seeking to implement and enforce workplace rules and policies. Read More ›

Categories: Employee Handbook, Employment, Labor Relations, National Labor Relations Board

An Employer’s Introduction to the Americans with Disabilities Act

ADA Reasonable AccommodationIntroduction

President George H. W. Bush signed the Americans with Disabilities Act (ADA) in 1990. The ADA is a comprehensive federal civil rights law that prohibits discrimination in employment based upon disability and guarantees access to public accommodations to individuals with disabilities.

Hundreds of ADA lawsuits are filed each year asserting violations of the ADA. As a result, it is imperative for employers to understand the ADA requires. Read More ›

Categories: Employment, Labor Relations

Michigan Senate Passes Significant Amendments to Elliott-Larsen Civil Rights Act

Discrimination in DictionaryThis blog has since been updated since its original publication in March 2023.

On March 16, 2023, Governor Whitmer signed into law a series of amendments to the state’s Elliott-Larsen Civil Rights Act[1], that added “sexual orientation, gender identity or expression” to the law’s list of prohibited discriminatory practices.[2] Read More ›

Categories: Alerts and Updates, Employee Handbook, Employment, Labor Relations, Lawsuit, Legislative Updates

How Employers Handle a Remote Workforce

Remote employee on laptop at homeIn a June 2022 study by Gallup.com, 8 in 10 employees are working hybrid or entirely remote, while only 2 in 10 are entirely on-site.  Read More ›

Categories: Employment, Labor Relations, Liability

Federal Trade Commission Issues Sweeping Proposed Rule to Prohibit Noncompete Agreements

Banning Non-Compete ContractOn January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a proposed new regulation that would broadly prohibit employers from using or enforcing noncompete agreements with employees, former employees, contractors, or other workers. Read More ›

Categories: Alerts and Updates, Did you Know?, Employment, Labor Relations, News

Coming in 2023: Big Changes to Minimum Wage and Paid Sick Leave

Distressed EmployerThis past year brought about significant changes to Michigan employment law, especially in regards to minimum wage and paid sick leave.

In 2022, the Michigan Court of Claims reinstated Michigan’s original Improved Workforce Opportunity Act (IWOWA) and Earned Sick Time Act (ESTA), ruling that the adopt and amend tactic used to pass the Paid Medical Leave Act were unconstitutional under Michigan’s Constitution. This ruling immediately voided the Paid Medical Leave Act and the amended version of the IWOWA, reinstating all provisions of the 2018 IWOWA and ESTA. The Court of Appeals did issue a stay until February 19, 2023.

So how did we get here, and what does this mean for employers moving forward? Read More ›

Categories: Alerts and Updates, Did you Know?, Employment, Labor Relations

Employee Misclassification and the Gig Economy

W2 vs 1099 FormOne of the most concerning trends in employment law today is employee misclassification. Stringent labor protections put in place by the government, the increased use of of independent contractors and explosion in the gig economy means that the burden is on employers not only to classify employees correctly, but also to treat them strictly within the boundaries of the law under that classification. Read More ›

Categories: Department of Labor, Did you Know?, Employment, Labor Relations, Lawsuit