Human Resources and Employment Law

• National Labor Relations Board Changes Settlement Landscape

  February 27, 2023

  Time to Revamp Your Employee Severance and Release Agreements! On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision that greatly alters the landscape relating to settlement agreements between Employers and Employees. In McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL-CIO, Case 07-CA-26304, the […]

• Court of Appeals Nixes Wage and Sick Time Hikes

  January 27, 2023

  Since the fall of 2018 Michigan employers have faced the prospect of significant increases in the minimum wage rate and in the amount of paid sick leave they had to offer to employees. Both of these potential increases were the result of successful voter petition campaigns to put the issues on the ballot for a […]

• The Death of Non-Compete Agreements?

  January 6, 2023

  On January 5, 2023, the Federal Trade Commission (FTC) announced its proposed rule to eliminate non-compete agreements on the basis that they unduly suppress employee wages and stifle innovation and business dynamism. Whether this is a good idea or not depends upon whether you use non-competes to protect your business or whether the existence of […]

• New Year Rings in New Protections for Pregnant and Post-Partum Employees

  January 5, 2023

  On December 29, 2022, President Biden signed into law two bills that add protections for pregnant and post-partum employees—the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). PUMP Act First, the PUMP Act amends the Fair Labor Standards Act (FLSA) to expand coverage to all employees […]

• Poking through the Clouds

  August 15, 2022

  Enter the Rainbow, Part Two: The Michigan Supreme Court Protects LGBTQ Rights The end of July 2022 found Michigan’s employment landscape clouded over with all kinds of legal and financial issues relating to the ruling by the Court of Claims that the state legislature acted unconstitutionally when it adopted but then amended two 2018 ballot […]

• UPDATE: Court Stays Enforcement of Revived Earned Sick Time Act and Minimum Wage Hike

  August 2, 2022

  Following last month’s decision from the Michigan Court of Claims effectively reinstating Michigan’s Earned Sick Time Act and Improved Workforce Opportunity Wage Act in their pre-amendment, ballot initiative form, the state defendant immediately filed a claim for appeal and moved to stay enforcement of the decision. On July 29, 2022, the Court granted a temporary […]

• Back to the Future: Michigan Court Revives Paid Sick Leave Requirements and Minimum Wage Hike

  July 22, 2022

  On Tuesday, July 19, 2022, the Michigan Court of Claims ruled that the state legislature acted unconstitutionally when it adopted but then amended two 2018 ballot initiatives providing earned sick leave for most Michigan workers and increasing the minimum wage for all employees, eliminating the sub-minimum wage for tipped workers. In 2018 the Michigan legislature […]

• Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Mandate

  January 13, 2022

  Today, January 13, 2022, the United States Supreme Court stayed enforcement of the Department of Labor’s Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS). As written, the ETS would require roughly 84 million workers in the private sector to either become vaccinated or submit to weekly testing at their own expense and wear […]

• OSHA Mandates COVID-19 Vaccination or Weekly Testing for Employers with 100+ Employees

  November 4, 2021

  Today, November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) implementing President Biden’s mandate that all employers with 100 or more employees to require employees either be fully vaccinated or produce negative test results for COVID-19 on at least a weekly basis before coming to […]

• The Death of the Non-Compete Agreement?

  July 13, 2021

  President Biden made a big splash last week with an Executive Order announcing steps to restrict or limit non-competition agreements which are prevalent in the private sector. According to the Fact Sheet issued by the White House, roughly half of all private sector businesses require at least some employees to enter non-compete agreements, affecting some […]