Dykema

Subscribe to Dykema's Posts

On August 27, Michigan Governor Gretchen Whitmer released Executive Order 2020-172, entitled “Protecting workers who stay home, stay safe when they or their close contacts are sick,” which replaces Executive Order 2020-166. The new executive order is nearly identical to the one it replaces, with two important differences. First, the new order recognizes that an employee’s symptoms could be explained by other medical conditions, which should not prevent an employee from reporting to work. Second, the new order recognizes that an employee should not be required to stay home simply because he or she displays one of the more innocuous symptoms of COVID-19 on its own.
Continue Reading What Employers Need to Know About Michigan’s Latest Executive Order Protecting Workers

On August 24th, the Department of Labor issued a Field Assistance Bulletin (“FAB”), available here, regarding “Employers’ obligation to exercise reasonable diligence in tracking teleworking employees’ hours of work.” While FABs are not legally binding authority, they provide guidance on the WHD’s enforcement positions and policies. This recent FAB is useful in suggesting best practices for those charged with ensuring that employees are paid for all hours worked—a task that has been made much more difficult by the current remote work environment.
Continue Reading Working Hard for The Money: Department of Labor Issues Guidance on Tracking and Paying for Remote Work Hours

On Monday, August 3, 2020, a New York federal judge issued a decision invalidating portions of the DOL’s regulations implementing the Families First Coronavirus Relief Act (“FFCRA”). The decision’s impact changes the legal landscape employers confront as they strive to comply with the FFCRA—a landscape that is unstable as the DOL and the courts sort out the legality of the disputed regulations.
Continue Reading Are Parts of Paid COVID-19 Leave Regulations in Jeopardy? Federal Court Rejects Parts DOL’s FFCRA Regulations, Employers Brace for Possible Fallout

Unexpectedly siding with the liberal wing of the Court, Justice Neil Gorsuch penned a 6-3 decision in Bostock v. Clayton County, holding that Title VII’s prohibition on sex-based discrimination also covers sexual orientation and gender identity discrimination. The Court’s decision dealt a historic victory for proponents of expanding gay and trans protections for workers under Title VII of the Civil Rights Act of 1964. It is clear that this decision will have wide reaching implications for employers.
Continue Reading U.S. Supreme Court Makes Pride Month History by Holding That Title VII Bars Job Discrimination Against LGBT+ Workers

Dykema’s Labor & Employment Practice Group created a Q&A overview addressing best practices for employers to consider when businesses return to work. The document discusses frequently asked questions concerning employer recalls, pay and benefits, medical documentation, personal protective equipment (PPE) requirements, and more.
Continue Reading Employer Considerations for Employee Return to Work

The COVID-19 pandemic brings many increased challenges for employers, including questions regarding the Families First Coronavirus Response Act (FFCRA), complications with layoffs and furloughs, variances in state regulations, and uncertainty of return to work. Dykema canvassed employers to gather collective experience to learn from each other how best to address these various issues and embrace new best practices as businesses adapt to the “new normal.”
Continue Reading Results of Dykema’s 2020 COVID-19 Employer Survey

As Michigan employers begin to think about how many employees to bring back to work, one option to consider is Michigan’s Work Share program, whereby total work hours are spread across a large group of employees as opposed to having fewer employees return to work on a full-time basis.
Continue Reading Bringing Employees Back to Work Post-COVID-19: What Is Michigan’s Work Share Program and Should Employers Take Advantage of It?

Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay Applicable

Now that covered employers are providing paid leaves under the Families First Coronavirus Act (the “FFCRA”), more questions about the FFCRA’s nuances are surfacing. In an effort to further guide employers who are trying to navigate the new law, the Department of Labor has added to its growing list of FAQs about the FFCRA, which includes clarification of some of its earlier answers. The substantive changes are contained in FAQs 80 through 88, in which the DOL focuses on the calculation of available leave time and regular rates of pay to be used for FFCRA paid leaves. The following will highlight these new guidance topics.
Continue Reading DOL Issues More FFCRA Compliance Guidance on Paid Leaves

The United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made it clear that they will act to protect employees on the front lines of the battle against COVID-19. On the one hand, as we explained in a prior client alert, they previously announced pre-clearance procedures and other guidelines intended to make it easier for companies to collaborate in legitimate, pro-competitive ways. In their latest announcement, the DOJ and FTC warned that they would not hesitate to protect all employees from companies that use COVID-19 as an excuse to collude in fixing wages, benefits, hours worked, or other aspects of employment. Given the government’s prior focus on antitrust issues in the labor market, including their prior indication that they will pursue criminal remedies where appropriate, employers must be more careful than ever to ensure that they do not run afoul of antitrust laws in this area.
Continue Reading Employers Beware: COVID-19 Will Not Excuse Wage or Labor Fixing Agreements

As employers try to comply with the new Families First Coronavirus Response Act’s (FFCRA) paid sick leave and expanded family and medical leave requirements, the Department of Labor has thrown them a curveball by quietly changing the answers to some of its Guidance about the FFCRA as well as adding 19 more FAQs to its prior compendium. These changes and additions focus on a) how an employer’s existing PTO policy may interact with the FFCRA, b) the definition of first responder, and c) the treatment of employees currently on non-FFCRA leaves of absence. Here are some highlights:
Continue Reading Ironing out the Details: The Department of Labor Updates and Adds to Its FFCRA Guidance Faqs