Michigan Labor & Employment Law Blog
- Posts by Karl W. Butterer
ShareholderKarl has over 25 years of experience representing employers both in and out of the courtroom. Karl regularly advises governmental entities, manufacturers, small businesses, health care providers, and large corporations. He ...
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
A 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.
The 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.
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.
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
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.
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.
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.
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.
The U.S. Supreme Court, in a July 8, 2020 decision, upheld the validity of religious and moral exemptions for employers from requirements that contraceptive coverage be included under employer provided health insurance pursuant to the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”).
In a significant ruling that has major implications for employers and employees, the U.S. Supreme Court, in the case of Bostock v. Clayton County, Georgia, held that the federal prohibition on discrimination “because of sex” found in Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity.
