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Showing 13 posts in Alerts and Updates.

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

DOT Issues Final Rule: Revised Procedures for Workplace Oral Drug Testing

Employee Drug Test FormIn June 2024, the U.S. Department of Transportation (DOT) published a final rule with revised procedures for workplace drug and alcohol testing using oral fluid. The revisions detail technical changes in the way oral fluid samples are to be collected and witnessed during mandatory employee drug testing.   Read More ›

Categories: Alerts and Updates, Employee Handbook, Employment, Trade Secrets

40 Year Precedent is Overturned: Brace for Likely Challenges to Agency Regulations

Last week, on June 28, 2024, the Supreme Court issued a landmark decision that severely limits the power of federal agencies to interpret the laws they enforce in Loper Bright Enterprises v. Raimondo. This decision is likely to have a significant impact on many industries, potentially effecting labor and employment laws, environmental regulation, and agency actions that impact the cost of healthcare.

See the full article here: Supreme Court Overturns 40 Year Precedent | Legal Challenges to Agency Regulations: Foster Swift (firmseek.com)

Categories: Alerts and Updates, Department of Labor, Employment, Legislative Updates, News, U.S. Supreme Court

Preparing Employers: New Regulations for the Pregnant Workers Fairness Act

Pregnant Work Talking to BossOn April 15, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA).[1] The new regulations, which will take effect June 18, 2024, dramatically expand the scope of workplace accommodations that covered employers will be required to provide to pregnant employees (both before and after a pregnancy), and as a result employers should be preparing now for the new requirements.[2]

Read More ›

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

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

Employer Q & A About New Pregnant Workers Fairness Act

Pregnant EmployeeThe 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. Read More ›

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

Michigan Senate Passes Significant Amendments to Elliott-Larsen Civil Rights Act

Discrimination in DictionaryThis 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] Read More ›

Categories: Alerts and Updates, Employee Handbook, Employment, Labor Relations, Lawsuit, Legislative Updates

Corporate Transparency Act: What You Need to Know Before 2024

Depressed Man with Stacks of FoldersIntroduction 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

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

Coming in 2023: Big Changes to Minimum Wage and Paid Sick Leave

Distressed EmployerThis 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