Michigan Labor & Employment Law Blog

USDOT Approves Oral Fluid Drug Testing

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). Read More ›

Categories: Employee Handbook, Employment, Regulations

Posted by: Mark T. Koerner

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Part Two: What You Need to Know Before Conducting a Workplace Investigation in Michigan

See more from the June 2020 issue of Labor & Employment Law News.

Conducting a workplace investigation is a challenging and risk-filled endeavor for all employers. It is imperative that businesses move quickly and decisively to investigate allegations of wrongdoing because public and private companies are coming under greater scrutiny from the federal, state, and local governments and regulatory bodies, and are increasingly in the crosshairs of plaintiffs’ attorneys bringing lawsuits and calling their practices into question.

Part One of this series dealt with the scenarios of what warrants an investigation and why employers should conduct workplace investigations. Part Two discusses what to do when a complaint has been filed and what actions should be taken following an investigation. Read More ›

Categories: Compliance, Employment, Lawsuit, Regulations

Posted by: Michael R. Blum

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Temporary injunction issued against Department of Labor overtime regulations

A Federal court in Texas issued a temporary injunction yesterday against the new Department of Labor (“DOL”) overtime regulations that were set to go into effect December 1st.

The injunction follows court arguments heard on November 16th in a lawsuit brought by 21 states alleging the new DOL’s rules exceeds the DOL’s authority and violated administrative law requirements. The new regulations propose to raise the salary threshold for exempt employees from $23,660 to $47,476 and provide for an automatic increase to the threshold every three years. Read More ›

Categories: Department of Labor, News & Events, Overtime, Regulations

Posted by: Michael R. Blum, Clifford L. Hammond

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Will You Lose Your Labor Lawyer?

The Department of Labor issued its long dreaded "persuader" regulation that seeks to intimidate businesses and their labor counsel from working with each other in the future. In short, any labor lawyer who is engaged to help a company deal with union organizing or other union issues now may have to file, (under threat of potential criminal sanctions for failing to file), detailed information about the nature and cost of legal representation. Similarly, employers will have to file documents with the Department of Labor detailing who they retained, what they did, and how much they were paid. In addition, that information will probably be available on the Department of Labor website.  Read More ›

Categories: Department of Labor, News & Events, Regulations, Union

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