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 …

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic departure from the current regulatory landscape, which is primarily dictated by state law. A non-compete clause is a contractual …

Why the “Speak Out Act” is More Like a Whisper

On December 7, 2022, Congress passed the “Speak Out Act” (the “Act”), which codified into federal law limits on what types of information employers are allowed to include in nondisclosure or non-disparagement clauses. Specifically, under the Act, employers are now prohibited from requiring employees to sign pre-dispute agreements that contain nondisclosure clauses or non-disparagement clauses …

DOL Final Regulations on ESG Investing: “It’s All ‘Bout the Money”

Whether it is appropriate for institutional investment decision-makers to take into account environmental, social, or governance (“ESG”) factors or invest to promote ESG objectives, has become a divisive political issue and a frequent topic in the popular press. For example, the state of Florida recently announced that it would divest $2 billion of state assets …

Stop the World – I Want to Get Off! Onboarding and Off-boarding in an Increasingly Mobile and Remote Workforce

In a world with an increasingly mobile and remote workforce, onboarding and off-boarding employees are more complicated than ever. Many companies now have single “outpost” employees in various states across the country. Similarly, many companies are encountering key employees asking to move (or moving without asking) to a state where the company previously had no …

Has Your Company Decided to Self-Fund its Medical Plan? Don’t Forget Privacy, Security, and Reporting Requirements.

An employer that changes its medical plan from fully insured – where the insurance company sets the terms of the policy and retains the risk that claims will exceed the premiums paid –  to self-funded – where the employer is responsible for the claims –  must re-examine all aspects of the operation of its medical …

Employers – Post the New EEOC Poster in Your Workplace (It is REQUIRED)

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new workplace poster titled: “Know Your Rights: Workplace Discrimination is Illegal.” According to the EEOC, covered employers* must post this poster within the workplace going forward. Those who do not comply may be subject to fines for noncompliance. The law currently requires covered …

PAY TRANSPARENCY AND PAY EQUITY IN ONTARIO

Pay transparency and pay equity legislation is coming to the forefront across North America, and corporate policies concerning those topics, irrespective of legislative action, will be important due to the tight labour market caused by the pandemic and the retirement of the Boomer generation. Here is a primer on pay transparency and equity developments in …

What Educational Institutions Should Know About Title IX and the Proposed Title IX Regulations

Primary, secondary, and higher education institutions employ over 11 million people nationwide and provide educational services to many more students. At a national level, more than 8 million people are employed by primary and secondary schools. (See Bureau of Labor Statistics, May 2021.) Another over 3 million people are employed by colleges and universities in …

The Michigan Supreme Court Holds that Discrimination on the Basis of Sexual Orientation is Prohibited by the Elliott-Larsen Civil Rights Act

On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual orientation. Rouch World LLC v Department of Civil Rights, No. 162482, July 28, 2022. Background There are two sets of background …