Michigan HR professionals have been navigating the complexities of the Earned Sick Time Act (ESTA) since its effective date, February 21, 2025. As the year draws to a close, a new set of administrative and compliance tasks emerges. The specific actions HR must take depends on whether your organization utilizes the accrual method or the frontloading method for providing earned sick time.

Religious accommodations are increasingly becoming an issue for HR.  Since the U.S. Supreme Court Groff case (No. 22-174 (June 29, 2023)) raised the bar on what employers must do for religious accommodations, HR has been scrambling to identify ways to accommodate without causing business interruption.  For example, if the employer requires weekend shifts and the employee declines for religious reasons, how does HR respond?

With a lot of focus recently on different state laws pertaining to paid time off, don’t forget that states also have  their own laws on personnel file management.

Under the Americans with Disabilities Act (ADA), the interactive process for accommodations requires an ongoing dialogue between employer and employee to identify appropriate accommodations.  Ultimately it is the employer’s decision, but the employer cannot unilaterally make a decision without dialogue.  Many times, an accommodation is either at no cost or up to about $200, so an accommodation should be doable.

Since the federal PUMP Act went into effect in mid-2023, employers with more than 15 employees are required to provide nursing mothers with a private space to express milk at work. ASE has covered this requirement previously, but we are now receiving questions from employers whose employees work offsite, such as on construction projects or farms, where traditional facilities are not available. How can these employers comply with the PUMP Act when new mothers must work outdoors or in...

Massachusetts, California and the state of Washington have new pay transparency requirements that employers need to be aware of.

Governor Whitmer signed a new law this week that will allow Michigan tipped workers to take a deduction for tip income and the broader group of non-exempt and hourly workers to deduct overtime pay from taxes. H.B. 4961 provides for personal income tax deductions for qualified tips and qualified overtime compensation. This tip deduction from state taxes will apply for three years from 2026 through 2028. Additionally, Social Security recipients in Michigan will not pay tax on their social...

On July 29, 2025, in a guidance memorandum from Attorney General Pam Bondi, the Department of Justice (DOJ) describes the types of Diversity, Equity, and Inclusion (DEI) programs and practices that would violate federal antidiscrimination laws.  Specifically, the memo targets recipients of federal funding, but the guidance provides a general understanding for all employers. 

On September 19, 2025, President Trump signed a proclamation upending the pricing structure for H-1B visas.  Specifically, the proclamation states some employers:

ASE has long followed joint employment law, from disputes involving franchisors and management companies to issues with independent contractor classifications. While lawsuits often seem more like a looming risk than a reality, attorney Thomas O’Connel notes that joint employer cases are now a regular part of litigation. Employers should take notice and strengthen their understanding of these risks to avoid costly and complex disputes.

If you were one of the few members that could not make it to the sold out ASE Employment Law Briefing last week, this article will help bring you up to speed on a couple of DOL regulatory issues covered at the event.

The Pregnant Workers Fairness Act (PWFA) is still fairly new, and there are limited cases to guide HR in shaping policies and internal practices. The cases below, filed by the EEOC, offer insight into how the agency is approaching and reviewing allegations of PWFA violations.

On July 31, 2025, the Michigan Supreme Court restricted the use of limitation of action agreements by Michigan employers. For those who have not followed this issue, limitation of action agreements are used to shorten the time plaintiffs (employees) have to bring a lawsuit against the employer. The limitation of action agreement shortens the time employees have to file certain wrongful employment claims. While these claims are often allowed up to one year, or in some cases as long as three...

In recent years employees have requested earlier access for earned wages than the normal payroll period.  With employees at times financially struggling, access to their earned wages outside of the normal payroll allows them flexibility to pay bills, rent, and other expenses in a timely manner. A recent study shows that 60% of Americans live paycheck to paycheck, making Earned Wage Access (EWA) a valuable financial benefit for employees. This is different than a payday loan which is a...

A compliance-related employee handbook policy that is often overlooked is the Genetic Information Nondiscrimination Act (GINA) policy statement. Though arguably not a required policy statement, it is a policy comparable to other policies on non-discrimination that should be in employee handbooks. These nondiscrimination policies tell employees, managers, and the world that the employer prohibits these forms of discrimination.