On 7/1/2025 the U.S. Department of Labor (DOL) submitted a rescission of the Office of Federal Contract Compliance Programs (OFCCP) regulations to the Office of Management and Budget (OMB).  This rescission complies with the requirements of Executive Order 14173 which revoked Executive Order 11246, the affirmative action executive order.  These regulations are the next-to-final nail in the affirmative action Executive Order 11246 coffin. 

The PRO Act bill threatens to fundamentally change the National Labor Relations Act in favor of organized labor. Last week, Rick Allen (R) Georgia introduced a more modest bill that provides some labor law breaks to employers. Congressmen Allen, who is Chairman of the Subcommittee on Health, Education, Labor and Pensions, introduced the Employee Rights Act bill.

If you are a federal contractor and engage in any diversity or DEI activities, the answer is yes.  In Executive Order 14173, President Trump wrote that contractors may be subject to FCA claims based on their DEI activities.  Although there are conflicting rulings on the DEI certification by courts in the 4th and 7th Circuits concerning both the 14173 and 14151 certifications, once the DEI certification comes into effect, it could be a field day for plaintiff attorneys, and it...

The Americans with Disabilities Act (ADA) covers workers that “with or without reasonable accommodation can perform the essential functions of the employment position that such individual holds or desires.”  But what about a former employee that is disabled and impacted by an employer’s change to benefits after the person is no longer employed?

Employers are familiar with the process of making reasonable accommodation in the workplace. Maybe your new employee needs a special chair due to a back problem or a special keyboard for an employee who has a neurological condition. But do you have a process/policy in place for an applicant or employee who requires accommodation for employment drug testing? If you don’t, you should.

From the service dog to the emotional support peacock and ferret, employers are receiving more requests from employees who want to bring these animals to work.  Title I of the ADA prohibits disability discrimination in the employment context and requires employers to provide reasonable accommodations to applicants and employees.  But Title I is silent in reference to service and emotional support animals. 

Last week, the U.S. Supreme Court (SCOTUS) handed down its unanimous ruling in the case of Ames v. Ohio Department of Youth Services. In this case the Plaintiff was a white heterosexual woman who alleged that the Ohio Department of Youth Services discriminated against her on the basis of sexual orientation and sex under Title VII of the Civil Rights Act of 1964. Ames was an employee of the Department and was demoted from her position as Administrator of the Prison Rape Elimination Act and...

The EEO-1 portal opened yesterday, May 20, 2025, and covered employers will have until June 24, 2025, to submit their reports. The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria to submit workforce demographic data, including data by job category, sex, and race or ethnicity to the EEOC.   

ASE reviews numerous employee handbooks each year. We recommend that employers review their handbook at least annually to ensure it remains compliant and accurately reflects the organization’s current practices and policies.

Policies that prohibit recording or taking pictures or video recordings in the workplace are still pretty common in handbooks. Employers may have valid reasons for implementing these policies, such as preventing the capture of confidential or proprietary business information.

Disparate impact is a difficult method to prove discrimination.  Generally, it is a practice or policy that is neutral on its face yet has significant impact on an affected party. The disparate impact analysis was first discussed in Griggs v. Duke Power, 401 U.S. 424 (1971), which held that Title VII “proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation”. In 1991, Congress amended Title VII to add Section 703(k),...

Last week the U.S. Department of Labor (DOL) announced (5/1 Field Assistance Bulletin) it will stop enforcing its Biden-era regulations on determining what an independent contractor (IC) is and go back to a standard set in mid-2008. The Biden-era rule laid out six criteria to determine independent contractor status. This rule made it harder to classify a worker as an independent contractor.

For many positions to be exempt under the Fair Labor Standards Act (FLSA) it must meet three tests to be Executive, Administrative, or Professional (EAP) exempt. Exempt positions do not have to be paid overtime at time and one-half (1.5x) or keep records of hours worked. The three exemption tests are:

Last month in our March 21st Conversations with Mike and Tony, along with some recent changes to OSHA penalties and recent data on job injuries, we also talked about the fact that David Keeling was nominated by President Trump to head the Occupational Safety and Health Administration (OSHA). His confirmation by the Senate is still pending, but what might Mr. Keeling consider changing?

President Trump nominated Jonathan Berry to be the next Solicitor of the U.S. Department of Labor (USDOL).  Jonathan Berry is a managing partner at Boyden Gray PLLC and a member of the Federalist Society, a conservative legal group.  He is also the author of Chapter 18 of Project 2025’s treatise Mandate for Leadership, which focuses on labor department priorities and activities.

This past January President Biden signed the 21st Century Veterans Healthcare and Benefits Improvement Act. This new law expands protections under the Uniformed Services Employment and Reemployment Act, more commonly known as USERRA (passed in 1994). USERRA is the basis for many employers’ Military Leave policies. USERRA prohibits employers from discriminating against, harassing (allowing) or retaliating against veterans and service members, and provides reemployment and other rights...

Although Executive Order 11246 is revoked, the Office of Federal Contract Compliance Programs (OFCCP)is still finding relevance.  Section 4212 (VEVRAA) and Section 503 (Disabled) Affirmative Action Plans (AAPs) are required by regulation, and OFCCP has stated that the agency will resume audits of these plans at some point.  More recently, with a new Director in place, the OFCCP may be the first line of attack against federal contractor Diversity, Equity, and Inclusion (DEI)...

Summer is approaching fast. Many employers employ minors during their summer break from school. Employers should keep in mind that youth employment generally requires a work permit – even when school is on summer break. If you have work for a person 17 years or younger, be aware of the employer’s obligations under the Youth Employment Standards Act. (1978 PA 90, MCL 445.106)

The EEOC on January 29th issued a statement that called for the reversal of former President Biden’s gender approach to EEOC complaints and investigations.  Specifically, Executive Order 14166, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directed federal agencies to enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct...

The Americans with Disabilities Act (ADA) is a pivotal law that prohibits discrimination against individuals with disabilities in various aspects of employment. To remain compliant, employers must adhere to essential guidelines covering hiring, workplace policies, job accommodations, and employment conditions. Below is a comprehensive breakdown of ADA compliance requirements.

Late into the evening on Thursday February 20th, just before the Earned Sick Time Act and Minimum Wage Act were to take effect, the Michigan Legislature amended the two laws. The amended laws were brought about by two ballot initiatives in 2017 and 2018 that were passed by the Legislature and signed by Governor Snyder at the end of their terms. This “adopt and amend” action was found unconstitutional by the Michigan Supreme Court last summer. The Court ruled that the original two...

As the rapid growth of AI in the workplace continues, many employees and employers are utilizing AI notetaking tools and meeting recording and transcribing software. Although these are great tools, there are some legal concerns and steps employers should take to remain compliant with their state and federal recording laws.

Michigan’s 102^nd legislative session is scheduled to end January 8, 2025. However, the House seems to have adjourned for the year and there are just a couple more days that the Senate is scheduled to be in session.

Michigan is not alone with its paid sick time law. As you wrestle to prepare a new policy to meet Michigan’s Earned Sick Time Act (ESTA), take heart that currently there are16 other states as well as the District of Columbia that require employers to provide some form of paid sick leave to their employees.

The Illinois Equal Pay Act (the "Act") is officially going live January 1, 2025.  It was passed in 2023 and amended several times. Employers in Illinois with 15 or more employees will be required to include pay and benefit information in all job postings both external and internal.    The following are specific provisions that must be complied with: