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:

Last month the Federal Court in East Texas vacated the U.S. Department of Labor’s (DOL) salary level test regulations. This DOL rule had moved the weekly salary level test to $844/week ($43,888/yr.) as of July 1^st this year and had scheduled a second increase that would have taken the salary level test up to $1,128/week or $58,656/yr. on January 1, 2025.

Two National Labor Relations Board (NLRB) decisions earlier this month continue the Biden Administration’s and the NLRB’s war against employer rights. The NLRB held in Amazon.com Services LLC (11/13/24) that employers violate worker rights when they require employees to attend meetings (even while being paid) to hear the employer’s side in a union organizing campaign. The second anti-employer decision the NLRB handed down this month held that employers commit an unfair...

On Friday the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2024 Exempt Employee Salary Level test (White-Collar tests) which had increased the salary level to $844/week ($43,888/yr) in July of this year with a scheduled second increase to $1,128/week ($58,656/yr) January 1, 2025. This ruling returns the salary level test to the level it was before July 1st – $684/week ($35,568/yr). 

The Family and Medical Leave Act (FMLA) remains essential but can present challenges for employers. While most employee requests for leave are genuine, there are instances that raise questions for HR. Even in legitimate cases, certain aspects of the leave process can create complications for HR teams. So, how can employers manage FMLA effectively without risking legal issues?
 

“Elections have consequences.” Ever since that was said by the then newly elected President Barack Obama (it may have been said before that, but that is the first time this author heard it), it has always seemed more of a threat than anything else, and it was just recently heard again from the Trump side, and if nothing else, it warns of change.

Ann Arbor has just made history by passing a landmark “right to sit” law aimed at reshaping the work environment for retail and hospitality employees. The ordinance grants workers in these industries the right to sit while on duty, as long as doing so doesn’t interfere with their job performance. This policy marks a shift towards more inclusive workplace standards and is expected to have a significant impact on retail and service employees, who often endure long hours on...

The Pregnant Worker Fairness Act (PWFA) became effective June 27, 2023.  The implementing regulations by the EEOC were promulgated on June 18, 2024.  It covers employers with 15 or more employees.  The PWFA requires a covered employer to provide a “reasonable accommodation” for a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation...

Managing leave under the Family and Medical Leave Act (FMLA) can be challenging for employers, particularly when they suspect misuse or abuse, especially with intermittent leaves. While it is crucial to respect employees' rights to FMLA without interference or retaliation, there are practical steps employers can take to curb abuse while remaining compliant.

As the 2024 election campaign reaches its peak, discussions about politics will likely find their way into the workplace. In addition to being a hallmark of democracy, such conversations can pose challenges for employers as they navigate rules around employees' rights to participate in political discourse. Below are some common statements employers might hear from employees and tips for handling them, along with recent changes in employment law that could impact these conversations.

For some time now the National Labor Relations Board (NLRB) has been facing questions from employers and others about its authority based upon the way it is structured as a government agency. There are various lawsuits around the country challenging the existence of the NLRB because its system of adjudication is seen as possibly unconstitutional. Last week, in a case brought on the west side of Michigan, a federal judge ruled that the NLRB’s protection of its judges under “just...

Effective January 1, 2025, employers that wish to maintain the FLSA exemption for certain jobs will have to increase salaries from a minimum of $844/week/$43,888/yr, to $1,128/week/$58,656/yr. This next increase is obviously the bigger of the two regulatory changes and may compel some employers to choose not to increase the salary levels and in turn convert those positions to non-exempt. This will mean they will become overtime eligible, and certain recordkeeping activity will now be...