Late into the evening on Thursday February 20th, just before the Earned Sick Time Act and Minimum Wage Act were to take effect, the Michigan Legislature amended the two laws. The amended laws were brought about by two ballot initiatives in 2017 and 2018 that were passed by the Legislature and signed by Governor Snyder at the end of their terms. This “adopt and amend” action was found unconstitutional by the Michigan Supreme Court last summer. The Court ruled that the original two...

As the rapid growth of AI in the workplace continues, many employees and employers are utilizing AI notetaking tools and meeting recording and transcribing software. Although these are great tools, there are some legal concerns and steps employers should take to remain compliant with their state and federal recording laws.

Michigan’s 102^nd legislative session is scheduled to end January 8, 2025. However, the House seems to have adjourned for the year and there are just a couple more days that the Senate is scheduled to be in session.

Michigan is not alone with its paid sick time law. As you wrestle to prepare a new policy to meet Michigan’s Earned Sick Time Act (ESTA), take heart that currently there are16 other states as well as the District of Columbia that require employers to provide some form of paid sick leave to their employees.

The Illinois Equal Pay Act (the "Act") is officially going live January 1, 2025.  It was passed in 2023 and amended several times. Employers in Illinois with 15 or more employees will be required to include pay and benefit information in all job postings both external and internal.    The following are specific provisions that must be complied with:

Last month the Federal Court in East Texas vacated the U.S. Department of Labor’s (DOL) salary level test regulations. This DOL rule had moved the weekly salary level test to $844/week ($43,888/yr.) as of July 1^st this year and had scheduled a second increase that would have taken the salary level test up to $1,128/week or $58,656/yr. on January 1, 2025.

Two National Labor Relations Board (NLRB) decisions earlier this month continue the Biden Administration’s and the NLRB’s war against employer rights. The NLRB held in Amazon.com Services LLC (11/13/24) that employers violate worker rights when they require employees to attend meetings (even while being paid) to hear the employer’s side in a union organizing campaign. The second anti-employer decision the NLRB handed down this month held that employers commit an unfair...

On Friday the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2024 Exempt Employee Salary Level test (White-Collar tests) which had increased the salary level to $844/week ($43,888/yr) in July of this year with a scheduled second increase to $1,128/week ($58,656/yr) January 1, 2025. This ruling returns the salary level test to the level it was before July 1st – $684/week ($35,568/yr). 

The Family and Medical Leave Act (FMLA) remains essential but can present challenges for employers. While most employee requests for leave are genuine, there are instances that raise questions for HR. Even in legitimate cases, certain aspects of the leave process can create complications for HR teams. So, how can employers manage FMLA effectively without risking legal issues?
 

“Elections have consequences.” Ever since that was said by the then newly elected President Barack Obama (it may have been said before that, but that is the first time this author heard it), it has always seemed more of a threat than anything else, and it was just recently heard again from the Trump side, and if nothing else, it warns of change.

Ann Arbor has just made history by passing a landmark “right to sit” law aimed at reshaping the work environment for retail and hospitality employees. The ordinance grants workers in these industries the right to sit while on duty, as long as doing so doesn’t interfere with their job performance. This policy marks a shift towards more inclusive workplace standards and is expected to have a significant impact on retail and service employees, who often endure long hours on...

The Pregnant Worker Fairness Act (PWFA) became effective June 27, 2023.  The implementing regulations by the EEOC were promulgated on June 18, 2024.  It covers employers with 15 or more employees.  The PWFA requires a covered employer to provide a “reasonable accommodation” for a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation...

Managing leave under the Family and Medical Leave Act (FMLA) can be challenging for employers, particularly when they suspect misuse or abuse, especially with intermittent leaves. While it is crucial to respect employees' rights to FMLA without interference or retaliation, there are practical steps employers can take to curb abuse while remaining compliant.

As the 2024 election campaign reaches its peak, discussions about politics will likely find their way into the workplace. In addition to being a hallmark of democracy, such conversations can pose challenges for employers as they navigate rules around employees' rights to participate in political discourse. Below are some common statements employers might hear from employees and tips for handling them, along with recent changes in employment law that could impact these conversations.

For some time now the National Labor Relations Board (NLRB) has been facing questions from employers and others about its authority based upon the way it is structured as a government agency. There are various lawsuits around the country challenging the existence of the NLRB because its system of adjudication is seen as possibly unconstitutional. Last week, in a case brought on the west side of Michigan, a federal judge ruled that the NLRB’s protection of its judges under “just...