It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to attend our 2024 Virtual Labor & Employment Law Update. Panels of Foster Swift attorneys will be discussing developments in various areas of Labor and Employment law, including those discussed below:
Michigan Sick Leave and Minimum Wage
On July 31, 2024, the Michigan Supreme Court issued the highly anticipated ruling concerning Michigan’s minimum wage and mandatory sick leave. Currently, Michigan’s minimum wage is set forth in the Improved Workforce Opportunity Wage Act (IWOWA) and minimum required sick leave is set forth in the Paid Medical Leave Act (PMLA) (the amended version of initial Earned Sick Time Act (ESTA). But the Supreme Court held that the implementation of those acts was unconstitutional and reinstated the 2018 citizen-initiated ballot proposals. This program will discuss the substantial increases in Michigan’s minimum wage and the new paid sick leave requirements that become effective February 21, 2025, as well as steps all employers should take now because of the Supreme Court’s decision.
Employee Drug and Alcohol Testing
Attorneys will provide an overview of current updates to testing methods, cases involving drug testing employees allegedly under the influence, and discuss what employers should include in their policies. The discussion will also include current trends in the law and the Department of Transportation's (DOT) final rule to amend regulations, allowing oral fluid testing for employees in the transportation industry.
Employee Accommodations
- Religion
- The requirements for providing religious accommodations have changed significantly. Employers will be well-served to take the initiative and launch a careful review and update of their organization’s policies, procedures and approaches to handling employee requests for religious accommodations.
- Pregnancy
- The U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA). These new regulations dramatically expand the scope of workplace accommodations that covered employers will be required to provide to pregnant employees, both before and after childbirth.
- Disability
- Hundreds of disability lawsuits are filed each year asserting violations of the Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA). It is imperative for employers to understand their legal obligations to comply with the ADA and PWDCRA, which includes providing reasonable accommodations.
Recordkeeping
Proper recordkeeping is essential for effectively defending claims of discrimination and other violations of labor and employment laws. This segment of the program will discuss the importance of maintaining robust personnel files and the importance of having legal counsel review record retention policies and personnel files before they are released. Even the best intentions can have dire consequences.
Implementing DEI into an Employers' Use of AI
Updated guidance will be provided on an area that is transforming how employers review and hire potential candidates, using generative artificial intelligence (AI) to streamline applicant screening. However, there are a number of potential legal dilemmas that can arise from employers' use of AI such as unintentional discrimination. The Panel will delve into what you should discuss with your legal counsel prior to imbedding DEI into your company's AI strategy to avoid costly problems down the road.
Public and Private Labor Law
- Public sector employees have protections under the Public Employment Relations Act (PERA), which is enforced by the Michigan Employment Relations Commission (MERC). The panel will discuss what public sector employers need to know when there is union organizing activity, during collective bargaining, and processing of grievances up to and including arbitration.
- Private sector employees have protections under the National Labor Relations Act (NLRA), which is enforced by the National Labor Relations Board (NLRB). As with public sector employers, private sector employers need to know how to properly respond to union organizing activity. But non-union employers also need to know how the NLRB protects employees who engage in protected, concerted activity even if there is no union. And employers must be aware of how the NLRB is challenging employment policies contained in employee handbooks and elsewhere, as many if not most policies implemented before the current NLRB may be found to be unlawful under today's labor law.
Noncompete Agreements
The NLRB’s General Counsel is challenging noncompete agreements as violations of the NLRB. In addition, on April 23, 2024, the U.S. Federal Trade Commission (FTC) issued a final rule prohibiting most noncompete agreements between employers and workers. This final rule is scheduled to take effect on September 4, 2024, barring any unforeseen court challenges. Attorneys will discuss the government’s attempts to ban noncompete agreements, along with what employers should do as this final rule may involve significant operational changes and costs to companies.
Use of Video and Audio Recordings in the Workplace
Can employers ban recordings in the workplace? The Panel will discuss strategies to avoid potential legal pitfalls by establishing clear policies and procedures and following best practices from your legal counsel.
Questions about the content are welcome in advance and while there will be opportunity for attendees to ask questions during the webinar via the chat window, we will set aside some time at the end of the presentation for Q&A.
