Is Your HR Department Aware of the Latest EEOC Priorities?

Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the federal government is prioritizing its employment dollars. The EEOC has more work than it can timely handle. Thus, it prioritizes the …

Layoffs Require Careful Planning to Avoid Costly Lawsuits

Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone.[1] If companies and HR professionals do not carefully plan group terminations, they could face long, expensive lawsuits filed by multiple …

Michigan’s Earned Sick Time Act Is Out…At Least For Now

The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will NOT go into effect on February 20, 2023.   In an opinion issued January 26, 2023, the Michigan Court of Appeals panel in Mothering Justice v. Attorney General overturned …

It’s Time to Re-Visit Arbitration Agreements and Waivers under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, the “Act”), which amends the Federal Arbitration Act and ensures that victims of sexual assault and harassment are entitled to have their day in court. Specifically, the Act provides that no …

U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place

On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move forward. THE OSHA ETS IS STAYED By way of background, the OSHA ETS requires all employers with more than …

Private Employer Vaccine Mandate Moves Forward as Sixth Circuit Dissolves Fifth Circuit’s OSHA ETS Stay

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go into effect, dissolved the stay that the United States Court of Appeals for the Fifth Circuit had issued, allowing …

The Private Employer COVID-19 Vaccine Mandate is Here: What Employers Need to Know

On Thursday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) and Centers for Medicare & Medicaid Services (“CMS”) rolled out temporary emergency standards (“ETS”) implementing COVID-19 vaccine mandates, which are expected to become effective November 5, 2021. These emergency rules are intended to address the “grave danger of COVID-19 in the workplace.” …

Loaded Questions: Are Noncompetition and Nonsolicitation Clauses Really Enforceable in Michigan?

As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes many forms. For example: Employer Client: “I don’t want to prevent someone from working, so I just have my …

CORONAVIRUS (COVID-19) PRECAUTIONS FOR EMPLOYERS

It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention (“CDC”).[i] As of publication, the coronavirus is not spreading in the community in the United States.[ii] The CDC reports that the immediate …

Accommodating an Anxious Workforce

The American population, and thus the American workforce, is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to maintain a competitive advantage and to avoid legal liability. Nobody knows precisely how many U.S. employees suffer from anxiety and depression, but they …