Michigan Labor & Employment Law Blog
- Posts by Anthony M. Dalimonte
AssociateAnthony (Tony) Dalimonte’s practice focuses on (1) defending employers in employment litigation, (2) counseling employers on best practices, and (3) handling general and business-related litigation.
As part of the firm’s ...
For employers and HR professionals, understanding what factors make non-compete and non-solicitation agreements enforceable—and where they may fall short—is critical.
Whether you're revisiting your current contracts or drafting new ones, the following video features attorneys Tony Dalimonte, Cliff Hammond and Rob Hamor providing guidance to navigate compliance and mitigate risk including:
- Current trends we are seeing and legal roadblocks in enforcing noncompetes.
- Key differences between agreements and best practices for drafting contracts.
- Practical insight ...
As the February 21, 2025 deadline looms for changes to Michigan’s minimum wage and earned sick time laws, Michigan Governor, Gretchen Whitmer has suggested an extension as Senate Democrats and House Republicans have been unable to reach a deal on possible revisions.
On July 31, 2024, the Michigan Supreme Court issued the highly anticipated ruling concerning Michigan’s minimum wage and mandatory sick leave. Currently, Michigan’s minimum wage is set forth in the Improved Workforce Opportunity Wage Act (IWOWA) and minimum required sick leave is set forth in the Paid Medical Leave Act (PMLA) (the amended version of initial Earned Sick Time Act (ESTA).
After the U.S. Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to publish its final rule in effectively banning most noncompete agreements between U.S. workers and employers, many questions abound as to what the details of this ban entail.
In a 3-2 vote along party lines on April 23, 2024, the U.S. Federal Trade Commission (FTC) approved and issued a final rule to take effect in 120 days prohibiting most noncompete agreements between employers and workers. The Commission says the new regulations will ensure that American workers have the freedom to pursue a new job, start a new business or introduce a new product or service to the market.
See the full, original article here: FTC Prohibits Most Noncompete Agreements | U.S. Workers | Legal Challenges Expected: Foster Swift
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.
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]
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.
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?
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.
