American Society of Employers
Federal Trade Commission Non-Compete Rule Enjoined, but Only in Texas

16 July 2024

Federal Trade Commission Non-Compete Rule Enjoined, but Only in Texas

Author: Michael Burns

Earlier this year the Federal Trade Commission (FTC) published a rule that would ban almost every post-employment non-competition provision. Non-competition agreements are agreements that limit or totally restrict the employee’s ability to obtain similar employment somewhere else within a stated geographic region and also typically for a stated period of time. An employment candidate’s job offer is also typically contingent upon the employee agreeing to the contract.
Major Developments from the Supreme Court

2 July 2024

Major Developments from the Supreme Court

Author: Anthony Kaylin

Two recent decisions by the Supreme Court will have implications for HR.  First was the Loper Bright Enterprises v. Raimondo, No. 22-451 (2024) decision.  This decision concerned a 40-year doctrine called the Chevron deference, a nod to the power of agency actions.  The second decision was SEC v. Jarskey, No. 22-859 (2024).  This case discussed the powers of the internal administrative courts specifically in rulings which involve monetary relief.
Despite Two Court Rulings on Legality, DOL Salary Threshold Rule Went Into Effect July 1st

2 July 2024

Despite Two Court Rulings on Legality, DOL Salary Threshold Rule Went Into Effect July 1st

Author: Michael Burns

On Monday, the U.S. Department of Labor’s (DOL) final rule changing the salary level test from $684/week to $844/week took effect as scheduled. This rule is being challenged in several Texas federal courts. It was hoped by some, that one of those Court decisions would result in the issuance of an injunction for the entire United States. However, in one case, the injunction issued on Friday only impacts State of Texas public employees. In the second case, the Court declined to issue an...
What States and Jurisdictions Require Harassment Training for Employees?

24 June 2024

What States and Jurisdictions Require Harassment Training for Employees?

Author: Anthony Kaylin

On the ASE hotline, we are often asked which states and jurisdictions require harassment training.  Currently, Michigan does not.  We are still waiting to see what laws will be proposed before the end of year.  The election will likely influence activities by the legislature.

Attorney-Client Privilege – What HR Needs to know

18 June 2024

Attorney-Client Privilege – What HR Needs to know

Author: Anthony Kaylin

Attorney-client privilege is one of the most important tools for HR when dealing with risk. This privilege is a foundational legal principle for centuries and allows clients to discuss all legal issues without worrying that the conversation may come back to haunt the client. By having honest conversations, it allows the lawyer to best represent the client. However, the privilege does not protect the underlying facts that may be contained within the communication, just the communication with...
SCOTUS Rules a Small Knock Back on NLRB Overreaching

18 June 2024

SCOTUS Rules a Small Knock Back on NLRB Overreaching

Author: Michael Burns

Last week the U.S. Supreme Court ruled the National Labor Relations Board (NLRB) was using an easier test to determine if it had more power to enjoin employers accused of committing unfair labor practices than say other injunction seekers that come before the court. This ruling may curtain some of the NLRB’s more intrusive actions against employers that it has been pursuing under the Biden labor Board.

Mid-Year Michigan Employment and Labor Legislation Update

11 June 2024

Mid-Year Michigan Employment and Labor Legislation Update

Author: Michael Burns

140 Michigan employment and labor bills have been introduced since the start of the current legislative session back in January 2023. Most are still in committee. Those that have been passed are primarily focused on public employers which leaves many bills that impact private employers in Michigan still languishing in their respective committees.

USERRA- What it is and How to Comply

11 June 2024

USERRA- What it is and How to Comply

Author: Lauren Cromie

USERRA is the Uniformed Services Employment and Reemployment Rights Act. It is a federal law that establishes rights and responsibilities for members of the National Guard and Reserve and their civilian employers. The Department of Labor (DOL) is in charge of investigating USERRA violations, and it covers all public and private employers, regardless of size. It can also cover multiple employers for one service member.

Differences Between Labor Law Posters and Notices

28 May 2024

Differences Between Labor Law Posters and Notices

Author: Linda Olejniczak

Employers must provide employees with information about their rights under various federal, state, and local employment laws. This information is typically communicated through either labor law posters or individual notices, as specified by the law.

If Marijuana is Reclassified, What Jobs Might It Impact?

28 May 2024

If Marijuana is Reclassified, What Jobs Might It Impact?

Author: Michael Burns

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...
Michigan Supreme Court Rules Friends Are Protected from Retaliation Under State’s Civil Rights Law

14 May 2024

Michigan Supreme Court Rules Friends Are Protected from Retaliation Under State’s Civil Rights Law

Author: Michael Burns

The Michigan Supreme Court ruled last Friday that the friends of an employee who also work at the same place are protected from retaliation by the employer.  Following similar protections found under the federal civil rights act under Title VII, the Michigan Court found that Michigan’s Elliott Larsen Civil Rights Act also permits workers to bring third party, or associational, retaliation claims if they think the employer targeted them to punish a coworker for bringing a claim...
A Guide to Some of Michigan’s State Employment Laws

14 May 2024

A Guide to Some of Michigan’s State Employment Laws

Author: Linda Olejniczak

Each state has their own share of employment related laws in addition to federal regulations that business owners need to be aware of. Whether you're a small startup or a large corporation, understanding and adhering to Michigan’s employment laws is paramount to mitigating legal risks and fostering a fair and equitable workplace.

Federal Trade Commission Announces Ban on Most Noncompete Agreements

30 April 2024

Federal Trade Commission Announces Ban on Most Noncompete Agreements

Author: Michael Burns

Last week the Federal Trade Commission (FTC) published a final rule banning employer noncompete agreements. Noncompete agreements or clauses per the FTC are a “term or condition of employment  that prohibits a worker from, penalizes a worker for, or prevents a worker from (1) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (2) operating a business in...
How to Prepare for the New U.S DOL Salary Threshold for Exempt Employees

30 April 2024

How to Prepare for the New U.S DOL Salary Threshold for Exempt Employees

Author: Anthony Kaylin

Last week, the U.S. Department of Labor Wage and Hour announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July 1, 2024. The final rule increases the standard salary level and the total annual compensation requirement for highly compensated employees (HCE).   It will have major implications for employers – especially those who have employees in other states...
Davis-Bacon Act: Understanding the Final Rule

30 April 2024

Davis-Bacon Act: Understanding the Final Rule

Author: Linda Olejniczak

For the first time in nearly four decades, the U.S. Department of Labor (DOL) has ushered in significant revisions to regulations governing the Davis-Bacon Act (DBA) and its associated statutes, affecting federal wage regulations applicable to contractors and subcontractors engaged in most government construction projects. These changes, collectively referred to as the DBRA, are aimed at enhancing clarity and consistency in administering and enforcing DBRA regulations.
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