Michigan Labor & Employment Law Blog
As the February 21, 2025 deadline looms for changes to Michigan’s minimum wage and earned sick time laws, Michigan Governor, Gretchen Whitmer has suggested an extension as Senate Democrats and House Republicans have been unable to reach a deal on possible revisions.
Employers required to conduct mandatory drug and alcohol testing need to be aware of any new requirements and their implications.
On July 31, 2024, the Michigan Supreme Court issued the highly anticipated ruling concerning Michigan’s minimum wage and mandatory sick leave. Currently, Michigan’s minimum wage is set forth in the Improved Workforce Opportunity Wage Act (IWOWA) and minimum required sick leave is set forth in the Paid Medical Leave Act (PMLA) (the amended version of initial Earned Sick Time Act (ESTA).
In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA) loans) to practice affirmative action in hiring and not discriminate based on race, color, religion, sex, gender identity, sexual orientation or national origin. Prior to the issuance of EO 11246, white males held most of the jobs in the construction industry. In the 60 years since it became effective, the number of racial and ethnic minorities employed on construction projects has increased significantly.
On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion (“DEI”) programs will be analyzed under federal law. In short, the rules are complicated, and that fact should not be ignored if employers want to safely navigate and maintain DEI programs.
In June 2024, the U.S. Department of Transportation (DOT) published a final rule with revised procedures for workplace drug and alcohol testing using oral fluid. The revisions detail technical changes in the way oral fluid samples are to be collected and witnessed during mandatory employee drug testing.
Last week, on June 28, 2024, the Supreme Court issued a landmark decision that severely limits the power of federal agencies to interpret the laws they enforce in Loper Bright Enterprises v. Raimondo. This decision is likely to have a significant impact on many industries, potentially effecting labor and employment laws, environmental regulation, and agency actions that impact the cost of healthcare.
See the full article here: Supreme Court Overturns 40 Year Precedent | Legal Challenges to Agency Regulations: Foster Swift (firmseek.com)
After the U.S. Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to publish its final rule in effectively banning most noncompete agreements between U.S. workers and employers, many questions abound as to what the details of this ban entail.
On April 15, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA).[1] The new regulations, which will take effect June 18, 2024, dramatically expand the scope of workplace accommodations that covered employers will be required to provide to pregnant employees (both before and after a pregnancy), and as a result employers should be preparing now for the new requirements.[2]
In a 3-2 vote along party lines on April 23, 2024, the U.S. Federal Trade Commission (FTC) approved and issued a final rule to take effect in 120 days prohibiting most noncompete agreements between employers and workers. The Commission says the new regulations will ensure that American workers have the freedom to pursue a new job, start a new business or introduce a new product or service to the market.
See the full, original article here: FTC Prohibits Most Noncompete Agreements | U.S. Workers | Legal Challenges Expected: Foster Swift
