Michigan Labor & Employment Law Blog
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
President Biden's recent COVID-19 vaccination mandate for businesses with 100 or more employees could come with enormous fines for offenders. Page 168 of the $3.5 trillion "reconciliation" bill highlights a tenfold increase in fines for employers that "willfully" or "repeatedly" violate the mandate.
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.”
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.
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.
As the fall nears, the school year is about to kick off. While employees juggling work and school obligations can always present an issue, this year could prove to be a little more complicated than usual. Although some schools are preparing to go back to school in-person, others are utilizing a variety of modified schedules, or going totally remote. Even those schools going back in-person will inevitably be faced with children who have COVID-19 or at the least, symptoms as we move into flu season.
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”).
