Human Resources and Employment Law

  • 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 […]

  • 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 […]

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