Human Resources and Employment Law

• TEXAS COURT DELIVERS EARLY HOLIDAY GIFT TO MICHIGAN EMPLOYERS

  October 18, 2024

  Michigan employers have faced a level of uncertainty in setting their personnel budgets for 2025 due to the United States Department of Labor’s 2024 Rule that increased the minimum salary for employees exempt from overtime under the Fair Labor Standards Act as Administrative, Executive, or Professional employees. The increase was scheduled in two phases: the […]

• Federal Trade Commission Non-Compete Ban Put on Ice…For Now

  August 21, 2024

  On Tuesday, August 20, 2024, United States District Judge Ada Brown issued a nation-wide injunction stopping the scheduled September 4th implementation of the Federal Trade Commission’s rule that eliminated almost all non-compete agreements. The ruling was widely expected given Judge Brown’s earlier ruling blocking the ban in Texas in which she expressed significant skepticism regarding […]

• Michigan High Court Revives Paid Sick Leave Requirements and Minimum Wage Hike with Significant Impact for Michigan Employers

  July 31, 2024

  On Wednesday, July 31, 2024, the Michigan Supreme Court issued a sweeping change to employers’ bottom line. The Court held that the state legislature acted unconstitutionally when it adopted but then amended in the same session two 2018 ballot initiatives providing earned paid sick leave for most Michigan workers and increasing the minimum wage for […]

• New Minimum Salary Levels Take Effect

  July 2, 2024

  No Knock-Out at The Bell As we announced in late April, the U.S. Department of Labor (“DOL”) established new minimum compensation amounts effective July 1, 2024, for salaried employees in bona fide executive, administrative, or professional positions. It was widely expected that litigation would be commenced immediately to keep the new levels from being implemented […]

• The Federal Trade Commission and The Department of Labor Announce Final Rules that Impact Employers

  April 24, 2024

  Employers Hit With Double April Whammy! On a day that may be remembered as Armageddon Tuesday by Employers, the Federal Trade Commission (FTC) and The Department of Labor (DOL) both announced final rules on Tuesday, April 23, 2024, that will have major implications for virtually every employer. The Federal Trade Commission rule bans almost all […]

• COUNTING THE (HOLI)DAYS: Department of Labor Confirms FMLA Leave Calculation for Weeks that Include Holidays

  June 7, 2023

  The Department of Labor recently issued an opinion clarifying when a holiday counts against an employee’s leave under the Family Medical Leave Act (FMLA). Although the opinion isn’t ground-breaking (indeed it restates what the regulations say and how the Act has been enforced), it’s still a good reminder of how to properly calculate intermittent FMLA […]

• National Labor Relations Board WADES INTO NON-COMPETE DEBATE

  June 1, 2023

  Financial Danger Ahead! Despite the fact that non-compete and non-solicitation agreements are specifically allowed by statute in the vast majority of the States, the National Labor Relations Board (“NLRB”) is poised to challenge the legality of many such agreements as a violation of employee rights under the National Labor Relations Act (the “Act”). In an […]

• The End of the COVID-19 Public Health Emergency Does Not Mean It’s Back to Business as Usual for Employers

  May 19, 2023

  It Ain’t Over ‘Till It’s Over! The Federal Government ended the COVID-19 Public Health Emergency on May 11, 2023. Many employers viewed the end of the emergency with anticipation and the hope that after three long years, they could finally return to business as usual and treat COVID issues other than periodic bouts of COVID-related […]

• 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 […]