The Sophisticated Employer Blog

Federal appellate court ruling establishes new "similarly situated" standard for assessing whether fellow employees should receive notice to join as plaintiffs in Fair Labor Standards Act collective actions.

The anticipated repeal of Michigan’s “right-to-work” law will significantly change the landscape for unionized and non-unionized employers, alike.

Michigan appellate court upholds legislative changes that would have granted expanded paid medical leave, raised the state's minimum wage and eliminated tip credit wages. 

If a new Federal Trade Commission rule is enacted, employer noncompete agreements may be prohibited.

Judge imposes stay that will keep Michigan employers in the dark until at least February 2023 about the fate of the citizen led ballot initiatives seeking paid sick leave and an increased statewide minimum wage.

Employers should take note of recent federal guidance on issues related to the Americans with Disability Act and opioid use disorder.

New federal law will soon allow employees to sidestep forced arbitration agreements implemented by employers.

If your job applications don’t include a six-month limitations period, it should or you could face unnecessary liability like this employer.

Federal appellate court allows COVID-19 vaccine mandate to proceed for large employers, CMS providers.

With appeals to federal COVID-19 vaccination mandates heating up, CMS employers would do well to prepare vaccination policies in anticipation of possible regulatory enforcement actions.

Employers should carefully consider which employees should be bound by non-compete agreements or at least consider selectively enforcing them only against departing employees who can adversely impact the business.

Biden administration announces new COVID-19 vaccination requirements for large employers, providers of Medicare and Medicaid health care services. 

Appellate court’s ruling appears to have made it easier to bring employment discrimination claims under federal law.

Employers should have a no call/no show policy to avoid unemployment claims.

New Memorandum of Understanding imposes “consultation” between federal agencies.

A federal court rules U.S. Department of Labor overreached with some aspects of its Final Rule on employee leave laws related to COVID-19.

Employers need to know the legal issues related to COVID-19 testing and mask wearing requirements.

New Michigan executive orders outline return to work rules with enforceable workplace standards during pandemic.

Michigan Gov. Gretchen Whitmer extends Stay Home, Stay Safe executive order but loosens some restrictions.

Amid the confusing tangle of federal and state COVID-19 laws and executive orders, Michigan employers can consult this guide to remain in compliance.

As one employer learned, failing to accommodate an employee with a disability can be risky.

SPECIAL ALERT: Employers must review this additional U.S. Department of Labor guidance regarding implementation of the new Families First Coronavirus Response Act.

The Department of Labor has issued guidance on the new Families First Coronavirus Response Act.

Is your workplace compliant with OSHA-issued COVID-19 guidelines?

DOL’s new rule is more employer friendly, but it must be adhered to in order to avoid liability.

Department of Labor opinion letter serves as reminder to employers that non-discretionary bonuses impact overtime pay calculations.

Although recreational marijuana is now legal in Michigan, your employment policies can still prohibit its use.

This case is a good reminder to employers that just because employees have restrictions, it doesn’t mean they have disabilities requiring ADA accommodations.  

The Michigan Legislature is giving this author flashbacks over a challenge to its own lame duck amendments to citizen-led legislation providing for paid sick time and the state’s minimum wage.

New Supreme Court ruling again emphasizes that filing EEOC charge is not a jurisdictional prerequisite to bringing a Title VII claim in federal court.

Following new court ruling, employers advised to make employee handbook Acknowledgement and Agreement forms stand-alone document, completely separate from employee handbooks.

Employers Beware: Michigan Legislature adopts ballot proposals concerning minimum wage and paid sick leave.

NLRB memo states “ambiguities in work rules/employment policies are no longer interpreted against the drafter [the employer]...”

DOL revives practice of issuing opinion letters to employers with recent guidance addressing travel time and break periods under FMLA.

The U.S. Supreme Court recently handed employers a valuable tool in ruling that mandatory class action waivers in employment agreements are enforceable.

What employers need to know when employees object to a mandatory flu vaccination.

There is another new I-9 form that must be used by employers to verify eligibility.

Court rules employer infringed on employee’s right to “protected concerted activity” under the National Labor Relations Act when it fired him for dropping the F-bomb.

Recent labor law cases involving collective bargaining and right to work issues have implications even for non-union employers.

Employers must adhere to new DOL requirements for electronic reporting, encouraging more employee involvement in incident reporting and appropriate use of post-injury drug testing.

New DOL regulations to dramatically change minimum compensation for exempt employees beginning Dec. 1.

National Labor Relations Board rules employer violated National Labor Relations Act by terminating employees for bathroom talk involving concerted activity.

Recent DOL case resolution a reminder to employers that failure to correctly classify individuals as independent contractors or exempt employees could result in expensive class action litigation.

Presidential executive order requires federal contractors entering into contracts after Jan. 1, 2017 to provide their employees with sick days.

Effective March 27, Department of Labor’s final rule grants same-sex couples access to FMLA leave time.

National Labor Relations Board ruling allows employees with access to company email accounts to use them for activities consistent with union organization and business.

Recent EEOC settlement emphasizes need for employers to modify their inflexible leave policies to comply with the ADA

Today's Internet connected world has taken telecommuting mainstream; so much so that it may be a "reasonable accommodation" under the ADA.

Employers can avoid being stung by understanding pay requirements for most internships under the Fair Labor Standards Act (FLSA).

1.    Employers can avoid being stung by understanding pay requirements for most internships under the Fair Labor Standards Act (FLSA).