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In an apparent attempt to further reduce the spread of COVID-19 in Michigan, on Friday, April 3, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which provides protection to all employees who stay home when they are at “particular risk” of infecting others with COVID-19. While this latest Order is well-intentioned, as implemented it may create significant impediments for employers who are attempting to staff positions in critical industries, and particularly for private sector employers with fewer than 500 employees who are required to provide benefits under the recent federal paid leave laws.
Continue Reading Michigan Governor Issues Executive Order Creating Protected Class of COVID-19 Positive Employees

As employee complaints about safety and the availability of personal protection equipment (“PPE”) mount, employers should remember that the law protects employees engaged in concerted action. Specifically, the National Labor Relations Act (“NLRA”) protects the right of employees “to engage in… concerted activities for the purpose of… mutual aid or protection.” These protections apply to both unionized and non-unionized employees.
Continue Reading A Timely Reminder: Employee Complaints About Working Conditions Are Protected

On April 1, the DOL provided employers with further clarity on the FFCRA by publishing temporary regulations. These regulations will be effective from April 1, 2020, until December 31, 2020—the same effective period of the FFCRA. Also relevant to employers, the IRS issued guidance regarding the FFCRA tax credit. As with our other alerts on the FFCRA, the following highlights key aspects of the new regulations:
Continue Reading In the Nick of Time: Department of Labor Issues Temporary Regulations Interpreting the Families First Coronavirus Response Act

Though most employers are focused on COVID-19 issues, employers and the government are still multitasking and addressing other issues. The Wage and Hour Division (WHD) of the U.S. Department of Labor is no exception.

Consequently, on March 26, 2020, the WHD issued three opinion letters offering interpretations of the Department’s final rule on the Fair Labor Standard’s Act (FLSA) regular rate requirements. All three involved different types of income and whether or not they must be included in the regular rate of pay for the purpose of calculating overtime pay.
Continue Reading New Wage and Hour Division Opinion Letters Provide Clarity on the FLSA “Regular Rate of Pay” Requirements

It seems the DOL has stopped sleeping these days, but that means more guidance for employers. In its Qs&As 38-59 interpreting the Families First Coronavirus Relief Act (FFCRA), the DOL shed light on the small business exemption, employees who can be exempted for the FFCRA leave provisions, and the interplay of the FFCRA and the Family and Medical Leave Act (FMLA). The FFCRA takes effect on April 1, 2020, so this guidance is, in a word, timely. Here are some highlights. (Dykema summarized Qs&As 1-14 on March 26, 2020, and Qs&As 15-37 on March 27, 2020.)
Continue Reading As Employers Work Towards Compliance, The Department of Labor Provides Third Guidance Regarding the Families First Coronavirus Relief Act