Michigan Labor & Employment Law Blog
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
The much-anticipated independent contractor final rule issued by the U.S. Department of Labor (DOL) that became effective on March 11, 2024, is the next step in the evolution of employer/employee/independent contractor.
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.
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.
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).
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.
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]
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.
