News Center

On Friday, July 21, 2017, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a new on-line directory to assist federal contractors in identifying prospective minority, female, disabled and veteran job seekers. The directory is called the Employment Referral Resource…

On July 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a revised version of the Form I-9, “Employment Eligibility Verification,” which is used to verify the identity and work eligibility of every new employee hired, or for the…

The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay their employees at least the federal minimum wage for all hours worked, and overtime pay for all hours worked over 40 hours in a workweek. Employees who work…

The Supreme Court often renders highly publicized rulings with profound social impact. However, there are many less publicized Supreme Court rulings that significantly affect commercial and intellectual property rights. One such ruling was recently issued in Impression Products, Inc. v.…

In May 2016 the United States Department of Labor (“DOL”) announced its new rule increasing the minimum salary required to be paid to employees to qualify for exemption from the overtime pay obligations of the Fair Labor Standards Act (“FLSA”). …

On June 1, 2017, the Michigan Court of Appeals ruled that the mere presence of a transgender person in a women’s locker room is not sufficient to establish sexual harassment. Cormier v. PF Fitness – Midland LLC, No. 331286 (Mich.…

The United States Department of Labor (“DOL”) announced on Tuesday, June 27, 2017, “Opinion letters are back.” Opinion letters are “official written opinions” issued by the DOL Wage and Hour Division. They were the method the DOL used for more…

Some studies have identified over 124 different religions practiced in the United States.  These religions range from tens of millions of adherents to as few as 10.  But, when responding to requests for accommodation for religious practices, the size of…

On June 1, 2017, the U.S. Court of Appeals for the Second Circuit agreed with the NLRB in Whole Foods Market v. NLRB and invalidated an employer's rule that prohibited employees from audio and video recording in the workplace (and taking photographs) without prior management approval.

Gerard Howley worked as a Dispatch Manager for Federal Express Corporation (“FedEx”). He was discharged in November 2013, consistent with FedEx’s Acceptable Conduct Policy, after he received three disciplinary letters in nine months. Howley sued for age discrimination under Michigan’s…

The recent Michigan Supreme Court decision in Covenant Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company makes clear that healthcare providers do not have authority to pursue unpaid medical claims against a no-fault insurance company. After careful analysis, it ruled that the no-fault act does not explicitly allow healthcare providers to bring a direct cause of action against insurers. 

Michigan’s Freedom To Work (“FTW”) laws, also known as right-to-work, took effect in March 2013, with similar, but separate, provisions for public and private sector employees.

Summer break coincides with increased inquiries from students about the availability of internships.  We remind employers that internships cannot be blithely equated with free temporary help.  The U.S. Department of Labor (“DOL”) enforces the following criteria for an intern of…

Many regulations have come under President Donald Trump’s scrutiny in the first days of his presidency, and the Dodd-Frank Wall Street Reform and Consumer Protection Act is no exception.

On May 4, 2017, the America Health Care Act (AHCA) was passed by the House of Representatives.  The AHCA now heads to the Senate, where approval is not clear. Here is a summary of the 8 most prominent points of the Act:

In Doe v. Mercy Catholic Medical Center, the U.S. Court of Appeals for the Third Circuit held that a medical resident could sue her employer medical center for sexual harassment under Title IX because its medical residency program was an education program or activity that received federal financial assistance in the form of Medicare payments.

Whether you love him or hate him, Bill O’Reilly’s departure from Fox News provides lessons for all employers regarding sexual harassment in the workplace. Labor and Employment attorney Donald H. Scharg gives us five takeaways.

In this edition's Summary Report: DOL delays Fiduciary Rule applicability date to June 9, AHCA is killed, DOL releases annual report to Congress on Self-Insured Health Plans, PEWPA introduced to Congress, and Ninth Circuit rules that providers can't sue Blues Plans under ERISA for practices used to recoup allegedly erroneous payments.

In McLane Co., Inc. v. EEOC, the U.S. Supreme Court noted that district courts are well suited to determine whether requested information is relevant or burdensome in light of the circumstances when deciding whether to enforce a subpoena issued by the EEOC. The Supreme Court's ruling is good news for employers.

On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to expand the protections of Title VII of the Civil Rights Act to discrimination on the basis of sexual orientation.

On October 20, 2016, the FTC and DOJ Antitrust Division issued a Guidance for HR professionals regarding antitrust issues in employment, specifically in hiring and employee compensation. The Guidance focuses on wage-fixing and anti-poaching agreements, both which limit competition among employers.

On March 10, 2017, the U.S. Court of Appeals for the Eleventh Circuit issued its opinion in Evans v. Georgia Regional Hospital, ruling that Title VII does not prohibit employers from discriminating against their employees on the basis of the employee’s sexual orientation.

Michigan Public Act 379 of 2016, which became effective on March 22, 2017, changes the framework for the scope of practice for physician's assistants (PAs). The law significantly impacts them, physicians, and health care facilities, and the existence and content of practice agreements are critical.

On March 29, 2017, a new Michigan telehealth law takes effect, which provides additional guidance on the delivery of health care services via telehealth or telemedicine, on which current law falls silent.

In this edition's Summary Report: the GOP releases a replacement to the Affordable Care Act (ACA), the DOL issues an FAB regarding its Fiduciary Rule, Treasury issues guidelines for employees reviewing 401(k) hardship distributions, the Eighth Circuit Court of Appeals holds that a state law that regulates PBMs was preempted by ERISA, and what to do when a plan year ends on a weekend.