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Dykema Labor & Employment Law Blog

Dykema Labor & Employment Law Blog

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Lessening Liability for Unpaid Overtime Pay Claims: The Best Defense is a Good Offense

The Problem

The Biden DOL is primed to aggressively pursue errors made with respect to the payment of overtime compensation as required by the Fair Labor Standards Act (FLSA). While doing so, it’s also primed to assert claims for liquidated damages whenever it finds errors, even for errors that were inadvertent, and even for those that may seem nominal. These liquidated damages are equal to the amount of unpaid overtime its investigators deem due. Read More ›

Insights & Updates — Minimum Wage and Overtime

In today’s Insights & Updates chat, Robert Boonin, from Dykema’s Labor & Employment Group, and James Brandell, a Government Policy Advisor from Dykema’s Washington, D.C., office, discuss what is on the Biden Administration’s agenda in terms of redirecting wage and hour law. Read More ›

Insights & Updates – Independent Contractor Changes

In this episode of Insights & Updates, Robert Boonin, from Dykema’s Labor & Employment Group, and James Brandell, a Government Policy Advisor in Dykema’s Washington, D.C., office, discuss the evolving legal standards for determining who are “independent contractors” versus “employees” in the eyes of the courts, the Department of Labor (DOL), and the National Labor Relations Board (NLRB). This is critical due to the Biden Administration’s apparent view being that many independent contractors are really misclassified employees, and such misclassifications expose employers to substantial liability. Read More ›

All Employers May Be Impacted by President Biden’s Executive Order on Promoting Competition in the American Economy

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy (the "Order"). This sweeping Order affirms that it is the policy of the President’s Administration to enforce the antitrust laws to combat concentration and abuses of economic power in a number of markets, including: labor, agriculture, healthcare (including i.e., hospitals, insurance, hearing aids and prescription drugs), repair, real estate brokerage, alcoholic beverage distribution, cable, internet, air travel, financial services, rail transport, and ocean shipping. This Order, among other things, mandates and/or encourages cabinet members and agency officials, including Federal Trade Commission (FTC) officials, to conduct studies, issue reports, and consider rulemaking to ramp up enforcement of antitrust and related laws in these sectors of the American economy. The Order also reaffirms the authority of the Department of Justice (DOJ) and FTC to challenge previously consummated mergers in all industries, including those that received clearance under the Hart-Scott-Rodino Act, and to review, and likely strengthen, the Horizontal and Vertical Merger Guidelines. Read More ›

Insights & Updates—National Labor Relations Board & PRO Act Legislation

Today’s Insights & Updates chat highlights critical issues both unionized and non-unionized employers need to understand. In this episode, Robert Boonin, from Dykema’s Labor & Employment group, along with James Brandell, who is a Government Policy Advisor in Dykema’s Washington, D.C., office, discuss all things related to how the National Labor Relations Board (NLRB) is priming itself to dramatically change current labor law principles, as well as how the Protecting the Rights to Organize Act (PRO Act) would redesign the longstanding rules and processes under the National Labor Relations Act (NLRA) to make it easier for unions to organize employees. Read More ›

Five Minute Matters – Paid Leave

In today’s Five Minute Matters chat, Robert Boonin, from Dykema’s Labor & Employment group, discusses paid leave with James Brandell, who is a Government Policy Advisor in Dykema’s Washington, D.C., office. Rob and Jim address the following aspects of paid family leave:  Read More ›

Illinois Freedom to Work Act Amendments Aim to Reshape Employee Non-Compete and Non-Solicitation Agreements

The landscape regarding non-competition and non-solicitation agreements in Illinois is expected to change dramatically due to a bill recently passed by the Illinois Legislature and which is expected to be signed by Governor Pritzker.  The amendments to the Illinois Freedom to Work Act (“IFWA”) apply to Non-Competition and Non-Solicitation agreements signed on or after January 1, 2022, but would not apply retroactively.  Read More ›

California Return to Work: Finally, New Revisions to the COVID-19 Prevention Emergency Temporary Standards

The California state rules, which became effective June 15, 2021 (California’s “reopening”), eliminate capacity restrictions and social distancing and also permit fully vaccinated individuals to stop wearing masks in most situations. Read More ›

Texas Law Expands Liability for Sexual Harassment

As most Texas employers are aware, prohibitions on discrimination (which includes harassment) and retaliation are imposed by the Texas Labor Code only on those employers with 15 or more employees. These prohibitions mirror, for the most part, similar prohibitions imposed by various federal laws. As the Texas legislative session drew to a close, however, two significant but curious amendments to the Labor Code were passed and subsequently signed into law by Governor Abbott, which amendments go into effect on September 1, 2021.  Read More ›

MIOSHA Issues Revised Emergency Rules Governing Return To Work

Although the State of Michigan announced several weeks ago that employers would be permitted to require employees to return to “in-person” work, the emergency rules issued by MIOSHA prohibiting in-person work remained in place. Those emergency rules were rescinded earlier today and replaced with a new set of emergency rules that will remain in effect until October 14, 2021.

As suspected, the new MIOSHA emergency rules keep in place several restrictions upon employers who have decided to reopen their offices for in-person work. While a careful reading of the new MIOSHA emergency rules is recommended for any employer prior to reopening their offices, there are several key takeaways that all employers should be aware of. Read More ›