Showing 10 posts in Did you Know?.
Dalimonte Discusses Implications of FTC's Noncompete Ban
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. Read More ›
Categories: Did you Know?, Employee Handbook, Employment, Labor Relations, News
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Benefits and Legal Risks of Using Generative AI in Hiring Offers
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. Read More ›
Categories: Did you Know?, Employment, Technology
Corporate Transparency Act: What You Need to Know Before 2024
Introduction and Scope of New Rule
With a stated goal of countering money laundering, the financing of terrorism and other illicit activities (including those of Russian oligarchs currently under U.S. sanctions), Congress passed the Corporate Transparency Act (CTA) in January 2021 as part of the National Defense Authorization Act. In 2022, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) began to publish rules in its efforts to begin enforcement of the CTA likely beginning on January 1, 2024. Read More ›
Categories: Alerts and Updates, Did you Know?, Employment, Legislative Updates, News
Federal Trade Commission Issues Sweeping Proposed Rule to Prohibit Noncompete Agreements
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. Read More ›
Categories: Alerts and Updates, Did you Know?, Employment, Labor Relations, News
Coming in 2023: Big Changes to Minimum Wage and Paid Sick Leave
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? Read More ›
Categories: Alerts and Updates, Did you Know?, Employment, Labor Relations
Employee Misclassification and the Gig Economy
One 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
Non-Competition Agreements: What They Are And How You can Align Yours With Best Practices
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. Read More ›
Categories: Contracts, Did you Know?, Employment, Labor Relations, Lawsuit
Vaccination Mandate Could Come With Crippling Fines for Businesses
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. Read More ›
Categories: Alerts and Updates, Compliance, Did you Know?, Employment, News
Conflict at Work: Is it Harassment or is it Bullying?
Employers have known for a long time the legal implications of harassment in the workplace. And, while bullying gets considerable attention in schools, it is only now starting to gain attention in the workplace. But employers must be aware that ignoring bullying in the workplace may also expose them to significant legal liability. Read More ›
Categories: Did you Know?, Employment, Harassment, Lawsuit, Liability
Laid-off teacher says school district didn’t follow evaluation process — and court agrees
There’s a reason why school districts are required to provide fair, transparent and timely teacher evaluations — and it’s not just to make sure instructors are doing their best. It’s because it’s the law. And, as the Michigan Court of Appeals made clear in a recent published decision, not following through with teacher evaluations is actionable. Read More ›
Categories: Compliance, Did you Know?, Employment, Lawsuit
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