One 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 ›
A non-competition agreement – also known as a non-compete agreement or non-compete clause – is a stipulation often found in employee contracts that prohibits an employee from engaging in the same type of business with another employer if they leave their current job.
These clauses have been in employers’ toolboxes for decades, largely to protect proprietary information and trade secrets from competition. However in the past few years, non-competes have come under fire from the Biden Administration.
Knowing this, our team has put together some key points on non-competes, laws that govern them, and changes that we’re seeing in the Biden Administration. Read More ›
Every employer and HR department has reviewed wage and hour laws, but even for the most experienced companies, a few common questions always come up.
- How much do I have to pay?
- What will wages look like in the next few years?
- Does a bonus affect overtime?
- What type of damages could I face if I don’t pay employee's properly?
- How do I stay out of the crosshairs of the government?
Some of the answers might not be as straightforward as you’d think. Below, we’ve put together some of the most important points on the basics of wage and hour laws and what employers need to know. Read More ›
For human resources professionals, a new year serves as a natural jumping off point for a check-in on best practices concerning company policies, compliance with employment statutes, and good record keeping. To make your job easier, we are providing you three tools to help you with a self-audit:
- Checklist for Compliance with Employment Related Statuses
- Checklist for Employment Policies, Practices and Forms
- Records Retention Requirement Chart
President Biden's recent COVID-19 vaccination mandate for businesses with 100 or more employees could come with enormous fines for offenders. Page 168 of the $3.5 trillion "reconciliation" bill highlights a tenfold increase in fines for employers that "willfully" or "repeatedly" violate the mandate. Read More ›
On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. The executive order contains over 70 initiatives directed at more than a dozen federal agencies, including one that “encouraged” the Federal Trade Commission (“FTC”) to use its rulemaking ability “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Read More ›
Since inauguration day, President Biden has issued a flurry of executive orders (EO), which do not create new laws but do direct executive branch actions within existing laws. Among the executive orders signed by the President include ones meant to address racial and gender inequities in the workplace that employers should be aware of. Read More ›
Whenever there is a change in federal administrations, employers must be aware of how various employment laws, rules and regulations will change. One hot topic in employment law, which has seen significant change in recent years, is religious discrimination and accommodation of religious beliefs in the workplace. Read More ›
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act, known as the PRO Act, with a largely party line vote of 225-206.
The bill’s passage in the U.S. House is a victory for labor unions, as it includes sweeping changes to federal labor laws that would significantly impact employers and empower unions. The legislation now moves to the U.S. Senate, where stiffer opposition to passage is expected. Read More ›
As a result of the COVID-19 pandemic in Michigan, state agencies responsible for protecting public health and worker safety have imposed a general legal obligation on most employers to require that employees who can feasibly work remotely do so. This article will review that general obligation and discuss best practices for employers. Read More ›
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