Showing 16 posts by Michael R. Blum.
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
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Non-Competition Agreements: What They Are And How You can Align Yours With Best Practices
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 ›
Categories: Contracts, Did you Know?, Employment, Labor Relations, Lawsuit
President Biden Issues Executive Order Urging FTC to Limit or Ban Non-Compete Agreements
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 ›
Categories: Alerts and Updates, Employment, Labor Relations, News
The Pro-Union PRO Act passes the U.S. House of Representatives
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 ›
Categories: Alerts and Updates, Labor Relations, Legislative Updates, Union
Supreme Court to Determine Whether Employees in Michigan can Secretly Record Conversations
Can an employee in Michigan secretly record a conversation they are involved in without consent of other people involved in the conversation? It has long been assumed, based on precedent from the Michigan Court of Appeals, that such recordings are legal, and therefore that Michigan is a “one party consent” state. However, that issue may soon be settled in a more definitive fashion by the Michigan Supreme Court. Read More ›
Categories: Compliance, Employment, Lawsuit, Legislative Updates
Part Two: What You Need to Know Before Conducting a Workplace Investigation in Michigan
See more from the June 2020 issue of Labor & Employment Law News.
Conducting a workplace investigation is a challenging and risk-filled endeavor for all employers. It is imperative that businesses move quickly and decisively to investigate allegations of wrongdoing because public and private companies are coming under greater scrutiny from the federal, state, and local governments and regulatory bodies, and are increasingly in the crosshairs of plaintiffs’ attorneys bringing lawsuits and calling their practices into question.
Part One of this series dealt with the scenarios of what warrants an investigation and why employers should conduct workplace investigations. Part Two discusses what to do when a complaint has been filed and what actions should be taken following an investigation. Read More ›
Categories: Compliance, Employment, Lawsuit, Regulations
Part Two: Stay on the Right Side of the Law When Conducting Job Candidate Background Checks
See more from the June 2020 issue of Labor & Employment Law News.
In the past, background checks on prospective employees were done as a matter of course by employers. The only real risk employers faced was missing a red flag in a candidate’s background, resulting in a poor hiring decision. However, in the wake of new legislation, employers must take great care to avoid liability while filtering out information about their job candidates during the hiring process. In Part One of this series, we discussed the ins and outs of conducting both Criminal and Fair Credit Reporting Background Checks. This article discusses social media background checks, medical examinations/drug testing and background check best practices. Read More ›
Categories: Employee Handbook, Employment
Part One: What You Need to Know Before Conducting a Workplace Investigation in Michigan
Conducting a workplace investigation is a challenging and risk-filled endeavor for Michigan employers. Done right, an investigation can unearth important information that can help bring an end to deleterious behavior—or affirm that nothing unlawful or improper is or was taking place. In either case, an investigation can restore trust and credibility internally and externally. Done poorly, an investigation erodes trust and can result in legal and financial consequences, loss of employee morale, and reputational damage. Read More ›
Categories: Compliance, Employment, Harassment, Lawsuit, Liability
Part One: Stay on the Right Side of the Law When Conducting Job Candidate Background Checks
In the past, background checks on prospective employees were done as a matter of course by employers. The only real risk employers faced was missing a red flag in a candidate’s background, resulting in a poor hiring decision. Read More ›
Categories: Compliance, Criminal, Employee Handbook, Employment
Legal Pitfalls and Best Practices During the Hiring Process
In today’s tight job market, businesses must recruit aggressively to attract talent. However, without a clear and compliant hiring process in place, and well-trained employees to implement the process, an employer’s hiring practices can open it up to significant liability. Read More ›
Categories: Employment, Labor Relations, Lawsuit, Liability
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