It was thought by the founders that if the government was divided, it would likely be a push towards bipartisanship and compromise – a check and balance.  But in recent times, bipartisanship on major issues has become extremely political.

Intermittent FMLA is one of the most difficult issues for HR professionals.  It can be difficult to manage, and personal liability could attach if they interfere with FMLA leave.  Therefore, a conservative approach is recommended.  However, a recent Federal 6^th Circuit of Appeals case (which covers Michigan) may provide some helpful guidance.

Michigan’s Legislature moved quickly to repeal Michigan’s 10-year-old Right to Work law. Right to Work allows private sector union members to opt out of union dues payment should they disagree with the services rendered, the political position their union takes, or any other reason the union member may have for deciding the union has not earned their support. Right to Work gives thousands of Michigan union workers leverage to hold their unions accountable.

So, your nonprofit employee also wants to volunteer at your nonprofit?  It can be done, but employers must make sure they don’t violate the law. 

The National Labor Relations Board Office of General Counsel issued an Advice Memorandum with the position that group discussions in the workplace concerning racial bias are protected concerted activity under Section 7 of the National Labor Relations Act (NLRA), and employees who engage in such activity are protected from employer retaliation.  This memo applies to both union and nonunion employees.

Employers that have multistate locations or just employees located in another state (including remote workers) need to monitor those state and local employment related laws and regulations to ensure their employee handbooks stay up to date and in compliance.

As previously reported in EPTW, the U.S. Supreme Court (SCOTUS) was considering whether an oil rig worker that could earn over $200,000 per year could be classified as exempt from overtime pay. Last week SCOTUS ruled that because the job’s compensation was based upon a day rate and not a bona fide salary under the Fair Labor Standards Act (FLSA), the job could not be classified as exempt and therefore must be paid overtime for any hours worked over 40 in a week.

On May 11, 2023, President Biden is planning to end both the COVID-19 National Emergency and the COVID-19 Public Health Emergency (PHE) designations.  These emergency declarations have been in place since early 2020 and gave the federal government flexibility to waive or modify certain requirements in a range of areas, including Medicare, Medicaid, and CHIP programs; private health insurance; the authorization of medical countermeasures; liability immunity to providers who...

Pay transparency is a rock rolling downhill that is picking up steam.  A number of jurisdictions have pay transparency laws with Illinois the latest state to require it.  The findings of a recent survey by Talent.com of 2,000 employees shows that 98% of job seekers in New York City want to know a position’s salary before they apply. A Monster research project had similar findings, and 53% said they wouldn’t apply for a job without pay transparency upfront. 

Last Thursday the U.S. Department of Labor (DOL) issued guidance to its regional administrators and field staff on remote worker rights on breastfeeding, breaks, and Family and Medical Leave practices. The DOL guidance states the Fair Labor Standards Act (FLSA) applies the same to remote/telework employees as those working at an office, retail outlet, construction site, or factory or other workplace.

A local Culver's is in trouble with the law for breaking laws protecting working minors. The company has to pay $13, 212 in civil money penalties for allowing crew members ages 14-15 to work longer hours than is legally permitted.

Geoffrey Fieger is known for being a tough litigator and plaintiff’s attorney. However, his firm lost in a Family and Medical Leave (FMLA) case decided by the Sixth Circuit Court of Appeals last week. The case involved one of his female attorneys requesting unpaid leave to care for her 2-year-old son that she feared had contracted COVID and already suffered from respiratory illness. Before she could formalize the request and provide the necessary FMLA supporting information, Fieger...

The U.S. Department of Labor (DOL) Secretary Marty Walsh and White House Office of Management and Budget (OMB) Director Shalanda Young issued a joint memo to the heads of executive departments and agencies directing them to designate “labor advisors.”  The purpose of the labor advisors is to assist in the strengthening of implementation and review of Federal contract labor and employment practices based on recommendations from the White House Task Force on Worker Organizing...

Updating your employee handbook is a critical annual initiative for an HR department.  It ensures compliance with industry standards and federal and state laws.  

Last week the Federal Trade Commission (FTC) blew the proverbial lifeguard whistle on employer non-compete agreements and said they were going to order “everybody out of the pool.”

In a time when labor hoarding is occurring in some sectors, yet in others, layoffs are happening, employers with H-1Bs need to follow a process or it could be a costly mistake in which an H-1B is not found to be properly terminated.

 

California is once again looking at making changes to how employers can use information from background checks in employment decisions. The California Civil Rights Department’s Civil Right Council released their most recent draft of changes to their Fair Employment and Housing Ace (FEHA) this past December. This update addresses proposed changes to the use of criminal history for employment decisions.

Although a number of new laws started January 1, there are three that stand out for HR professionals outside of all the pay transparency laws.  These three laws were encompassed in the FY 2023 Omnibus Spending Bill, and all had bipartisan support.

Although it would be expected that the ending of the year should be a quiet one, the Biden administration is going out with a bang that will cause some heartache for employers.  Below is a listing of some of the changes to expect going forward.

GINA or the Genetic Information Non-discrimination Act has been around for well over 14 years. It prohibits discrimination by an employer against employees or applicants because of genetic information. It also prohibits employers from using genetic information when making employment decisions and restricts them from requesting, requiring, or even purchasing genetic information as well as limiting disclosure of such information if they obtain it.

The Office of Federal Contract Compliance Programs (OFCCP) has submitted a new scheduling letter and itemized listing for review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA).  The present scheduling letter expires in 2023.

A recent U.S. Federal 11th Circuit case upended the U.S. Equal Employment Opportunity Commission (EEOC) guidance as to disability and accommodations.  Under the guidance, an employee merely has a functional rather than a medical definition of disability, and the determination of whether an individual has a disability doesn't necessarily hinge on the name or diagnosis of an impairment. Once an employer is on notice, they must engage in an interactive discussion concerning any...

Many human resources professionals have experienced the worker that for one reason or another gets fed up and just walks off the job. It’s unfortunate and disrupting but also sets the machinations of employment policy and law in motion. A recent Michigan Court of Appeals case affirms that employees that walk off the job not only voluntarily quit, but also disqualify themselves from unemployment compensation benefits.

For the first time in four decades, the Michigan Democratic Party holds control of the state government. Employers have benefited from GOP control over the years as unfriendly employer legislation was bottled up in committees never to see the light of day. With the Michigan Legislature now controlled by a Democrat majority and a Democrat Governor there is not much to stop the flood of pro-labor legislation that has been held back for years.

No poaching agreements are arrangements between employers where the parties agree they will not hire one another’s workers. They are also illegal. Last week a healthcare staffing company entered a plea deal with the Department of Justice that held them criminally liable for having a deal in place with an un-named competitor to not raise wages of nurses working in a county school district and to not hire nurses from one another.