NLRB Puts Employment Handbooks Under More Scrutiny
Employers 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
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Benefits and Legal Risks of Using Generative AI in Hiring Offers
Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process.
The information session, which is summarized below, is part of the firm’s Second Wednesday series of monthly presentations on relevant business and legal topics. Read More ›
Categories: Did you Know?, Employment, Technology
USDOT Approves Oral Fluid Drug Testing
On May 2, 2023, the United States Department of Transportation (“DOT”) published a final rule that authorizes employers to use oral fluid drug testing as an alternative methodology to urine drug testing. While the final rule became effective on June 1, 2023, employers may not conduct oral fluid testing until the United States Department of Health and Human Services (“DHHS”) certifies at least two laboratories to conduct such testing (one to serve as a primary laboratory and one to serve as a split-specimen laboratory). Read More ›
Categories: Employee Handbook, Employment, Regulations
An Employer’s Introduction to the Americans with Disabilities Act
Introduction
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
This 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
In 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
Corporate Transparency Act: What You Need to Know Before 2024
Introduction and Scope of New Rule
With a stated goal of countering money laundering, the financing of terrorism and other illicit activities (including those of Russian oligarchs currently under U.S. sanctions), Congress passed the Corporate Transparency Act (CTA) in January 2021 as part of the National Defense Authorization Act. In 2022, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) began to publish rules in its efforts to begin enforcement of the CTA likely beginning on January 1, 2024. Read More ›
Categories: Alerts and Updates, Did you Know?, Employment, Legislative Updates, News
Federal Trade Commission Issues Sweeping Proposed Rule to Prohibit Noncompete Agreements
On 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
How to Attract and Retain Talent in 2023
As the working environment changes, so do the expectations of the talent pool. In the new year, employers should keep some crucial things in mind when attracting and retaining talent. Read More ›
Categories: Employee Benefits, Employment
Coming in 2023: Big Changes to Minimum Wage and Paid Sick Leave
This 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
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