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Dykema Labor & Employment Law Blog

Dykema Labor & Employment Law Blog

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Not So Fast – Court of Appeals Invalidates Shortened Limitations Period in Employee Handbook

Employers seeking to shorten applicable statutes of limitations for employment claims through employee handbooks are struck a blow by the Sixth Circuit. In Logan v. MGM Grand Detroit Casino, the Court held that a “contractually shortened limitation period... is incompatible with the grant of substantive rights and the elaborate pre-suit enforcement mechanisms of Title VII... Plaintiff is entitled to a 300-day statutory limitation period.” The result is that employers in Michigan and elsewhere should revise any provisions in employee handbooks or similar policies that seek to shorten the statute of limitations for employment-related claims. Read More ›

Department of Labor Announces Final Rule Changing Salary Level Tests

The U.S. Department of Labor has announced its Final Rule increasing the minimum salary level employees need to be paid in order to be deemed an exempt white collar employee, provided the employees otherwise meet the applicable duties and salary basis tests. The rule has been long-awaited since the predecessor Obama administration-era rule was enjoined by a Texas federal court in 2016. The appeal of that case has been on hold, allowing the Department time to consider a new rule that would more likely survive a legal challenge. It took nearly three years for this to happen, but the time has come. The new rule will go into effect on January 1, 2020. Read More ›

Sixth Circuit Provides Important Employer Guidance in Combating FMLA Abuse

The Sixth Circuit Court of Appeals recently provided employers addressing potential FMLA abuse with important guidance on how such matters should be addressed. It turns out that playing golf while on an FMLA leave can actually get you fired. Read More ›

AB 5 Is Making Waves in California by Changing the Way Businesses Classify Workers

AB 5 is making waves in California by changing the way companies will classify workers. AB 5 codifies the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.4th 903 (“Dynamex”). In Dynamex, the Court held that for violations of California’s wage orders, a worker is presumed to be an employee, unless the business proves the following: Read More ›

Chicago Adopts “Fair Work Week Ordinance”

Expansive Law Aimed at Predictive Scheduling for Workers, Limiting Employers’ Ability to Unilaterally Change Work Hours

On July 24, 2019, the City of Chicago enacted the “Fair Work Week Ordinance,” requiring that many businesses provide workers with up to two-weeks advance notice of their work hours and schedules. The FWW Ordinance becomes effective on July 1, 2020, and will require employers from a broad spectrum of industries to set most employee schedules at least 10 days in advance. Read More ›

Lawsuit Filed to Stop August 1 Effective Date of San Antonio Paid Sick Leave Ordinance

UPDATE III: Judge Agrees to Delay San Antonio Paid Sick Leave Ordinance

At a hearing this morning, Judge Sol Casseb entered the Agreed Order submitted by attorneys for the City and the businesses that filed suit regarding their agreement to delay the effective date of the PSL ordinance from August 1 to December 1. Entry of the Agreed Order eliminated the need for a hearing on the businesses’ request for an injunction prohibiting the ordinance from going into effect on August 1 and should, hopefully, allow sufficient time for the Texas Supreme Court to determine whether it will consider the enforceability of the City of Austin’s PSL ordinance, which case is currently pending before the Supreme Court. Read More ›

Justices Highlight Importance Of Title VII Procedural Details

On June 3, 2019, the U.S. Supreme Court resolved the debate in employment discrimination law which had split the circuits. In a unanimous decision, the court held in Fort Bend County v. Davis that the exhaustion requirement that a plaintiff must first bring a Title VII discrimination charge to the U.S. Equal Employment Opportunity Commission or the equivalent state fair employment practices agency is not a jurisdictional requirement, but rather a claims-processing rule that is mandatory but can be forfeited if the defense is not raised in a timely manner. Read More ›

Help Wanted in Michigan? Only Those 21 Years and Up Need Apply

“Help Wanted” signs are becoming familiar sights at most Michigan retailers. As unemployment rates have fallen across the state, and employers struggle to fill vacancies, the influx of students hitting the summer job market may come as welcome news. Unfortunately, would-be adult use marijuana businesses should temper their excitement.  Michigan’s Regulation and Taxation of Marihuana Act requires employees to be 21 years of age or older.  Specifically, MCL 333.27961(e), provides that: “No marijuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.”  Read More ›

Freedom to Gig: New Department of Labor Opinion Bolsters Employers’ Ability to Classify “Virtual Workers” as Independent Contractors

The U.S. Department of Labor on Monday unveiled its first guidance under the current Administration on the hotly contested issue of employee-versus-independent contractor classification, saying workers for an unnamed technology platform that connects service providers with clients are independent contractors. The guidance was provided through an Administrator’s Opinion Letter, and as such it provides unique defenses to employers with similar situations and who rely on the letter. Read More ›

The Michigan Saga Continues: The Constitutional Validity of the New Michigan Paid Medical Leave Act and New Minimum Wage Law Heads to the Michigan Supreme Court

This past summer, two voter initiatives were headed to the November ballot for consideration. One initiative was to increase the state minimum wage, and the other was to create a state law requiring most employers to provide employees with paid sick leave. However, before such initiatives could appear on the ballot for voter consideration, in September 2018 the Michigan Legislature seized its constitutional right to enact those initiatives on its own, thereby keeping the initiatives off the ballot. Now, the Michigan Supreme Court will have the last word on whether the initiatives were properly enacted in their current form. Read More ›