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Dykema Labor & Employment Law Blog

Dykema Labor & Employment Law Blog

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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 Those emergency rules were rescinded earlier today and replaced with a new set of emergency rules that will remain in effect until October 14, 2021.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 ›

Hidden in the American Rescue Plan Act: More Reasons for Employees To Take FFCRA Leave and More Time for Employers To Receive Tax Credits

While many Americans are receiving their $1,400 payments from the American Rescue Plan Act (“ARPA”), signed into law on March 11, 2021, employers should be paying attention to the somewhat buried language regarding Families First Coronavirus Relief Act (“FFCRA”) tax credits.

Does the ARPA Require Paid Leave? Read More ›

Change is Near: What the Biden Executive Order Means for Title IX Misconduct Claims

On March 8, President Biden took his first steps in reversing the Trump Administration’s Title IX policy by issuing an Executive Order 14021 (“Order”) directing the Secretary of Education to review the Title IX rules issued by the Trump Administration.

What does the Executive Order say? Read More ›

What Does Governor Abbott’s “Reopening Texas” Executive Order Mean For Texas Employers?

On March 2, 2021, Texas Governor Greg Abbott issued Executive Order GA-34, ending Texas’ statewide mask mandate and allowing all businesses to operate at 100% capacity. The Executive Order will take effect on March 10, 2021, giving employers approximately a week to decide how their operations and policies will change, or if they will change, as a result of the Reopening Order. Read More ›

Is Wi-Fi Sickness a Disability? California Appellate Court Holds That It Is Under FEHA

Is Wi-Fi sickness a disability? The California Court of Appeal just said it is in Brown v. Los Angeles Unified School District (2d Dist., Div. Eight), Case No. B294240. In a case that tests the limits of California’s liberal pleading standard, the appellate court green-lighted a claim of a woman who asserted a disability of “electromagnetic hypersensitivity,” or, as the concurring justice put it, “Wi-Fi sickness.” Read More ›

Whistle While You Work: Congress Strengthens Protections for Employees Reporting Antitrust Violations

The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation. Read More ›

California Employment Law Alert: New Employment Laws Effective On or Before January 1, 2021

The emergence of COVID-19 has changed the workplace as we once knew it. California employers need to be prepared for unprecedented compliance challenges in recent legislation related to the ongoing pandemic, expanding leave protections, wage and hour compliance risks, and much more. Employers will need to review and adapt their policies and procedures in order to keep up in the coming year with California’s ever-changing employment laws. Read More ›