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Showing 15 posts by Clifford L. Hammond.

Michigan Sick Leave & Minimum Wage Updates

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). Read More ›

Categories: Alerts and Updates, Employee Benefits, Employment, Labor Relations

Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives

DEI ProgramOn June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion (“DEI”) programs will be analyzed under federal law. In short, the rules are complicated, and that fact should not be ignored if employers want to safely navigate and maintain DEI programs. Read More ›

Categories: Employee Handbook, Employment, Lawsuit, Legislative Updates

FTC Prohibits Most Noncompete Agreements Between Employers and Workers

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

Categories: Alerts and Updates, Employment, Labor Relations, Lawsuit, News

What Employers Need to Know About DOL Employee Classification Rules

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. Read More ›

Categories: Employment, Labor Relations, Liability

How Employers Handle a Remote Workforce

Remote employee on laptop at homeIn 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.  Read More ›

Categories: Employment, Labor Relations, Liability

Federal Trade Commission Issues Sweeping Proposed Rule to Prohibit Noncompete Agreements

Banning Non-Compete ContractOn 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

Employee Misclassification and the Gig Economy

W2 vs 1099 FormOne of the most concerning trends in employment law today is employee misclassification. Stringent labor protections put in place by the government, the increased use of of independent contractors and explosion in the gig economy means that the burden is on employers not only to classify employees correctly, but also to treat them strictly within the boundaries of the law under that classification. Read More ›

Categories: Department of Labor, Did you Know?, Employment, Labor Relations, Lawsuit

Wage and Hour Law 101 for Employers

Wage Folder HR DepartmentEvery employer and HR department has reviewed wage and hour laws, but even for the most experienced companies, a few common questions always come up.

  • How much do I have to pay?
  • What will wages look like in the next few years?
  • Does a bonus affect overtime?
  • What type of damages could I face if I don’t pay employee's properly?
  • How do I stay out of the crosshairs of the government?

Some of the answers might not be as straightforward as you’d think. Below, we’ve put together some of the most important points on the basics of wage and hour laws and what employers need to know. Read More ›

Categories: Audits, Employment, Labor Relations, National Labor Relations Board, Overtime, Wage and Hour

Vaccination Mandate Could Come With Crippling Fines for Businesses

Man Receives Awful NewsPresident 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. Read More ›

Categories: Alerts and Updates, Compliance, Did you Know?, Employment, News

The Pro-Union PRO Act passes the U.S. House of Representatives

Union Contract and GavelOn 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