Employment Laws

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Takeaways

  • The DOL will no longer seek liquidated damages during investigations unless a court orders them following a lawsuit.
  • The DOL will disregard the 2024 independent contractor rule and revert to longstanding common-law standards.
  • The Opinion Letter Program has been reinstated, offering employers clearer compliance guidance under the FLSA.

It’s been just over 100 days under the new Administration. We have a new Secretary of Labor, and we’re on the cusp of most of the other nominees for key DOL positions being confirmed by the Senate. Even with some key posts unfilled, during this short period, a number of key shifts in DOL enforcement policy have occurred. Here is a summary of just a few.Continue Reading 3 Important DOL Wage and Hour Enforcement Changes Employers Should Watch

Takeaways

  1. The duty to initiate arbitration may fall on the party seeking redress, even if they opposed arbitration in court.
  2. Arbitration policies must be interpreted in conjunction with the broader arbitration agreement, not in isolation.
  3. Clear and precise drafting of arbitration agreements and policies is essential to avoid procedural confusion and litigation delays.

The Second Appellate District of the California Court of Appeal published an opinion shedding light on the commonly raised dispute of which party bears the burden of initiating arbitration proceedings after an order compelling arbitration. The case, Arzate v. Ace American Insurance Company, delves into the nuances of the interpretation of arbitration clauses and contractual agreements, ultimately clarifying which party is expected to take the first step in the arbitration process. As employers increasingly rely on arbitration to resolve disputes, understanding the outcome and effect of Arzate is crucial to ensuring clarity in future agreements and policies.Continue Reading Arbitration Obligations for Employers: A Decision on the Duty To Initiate

At the end of the 2024 legislative session, Minnesota Governor Tim Walz signed several bills into law, which amended several employment-related statutes addressing paid sick and leave time, pregnancy accommodation and leave, restrictive covenants, and employee misclassification.Continue Reading 2025 Minnesota Labor and Employment Legal Updates

With 2025 quickly approaching, Illinois employers should be aware of new changes in Illinois state employment laws. There are a number of Illinois employment laws and amendments that have either recently gone into effect or are set to go into effect January 1, 2025. This post is a summary of the new laws that went into effect or will be in effect in 2025 to help Illinois employers be ready to comply with all the new changes.Continue Reading Illinois Labor and Employment 2025 Employment Law Update

Changes to Illinois and City of Chicago Labor and Employment Laws

I. Passing of the Illinois Paid Leave for All Workers Act (PLFAW).

The new Illinois Paid Leave for All Workers Act becomes effective on January 1, 2024. The Act applies to most employees in the state, with very limited exceptions (notably students and independent contractors are excluded). Employers may use two alternative methods to comply with the PLFAW.Continue Reading Illinois 2023 Year-End Reminders and Changes Coming to Employment Law in 2024 and Beyond

Where previous protections offered by the Americans with Disabilities Act, the Fair Labor Standards Act, and the Pregnancy Discrimination Act of 1978 fell short, employees were left to make hard choices between quitting their jobs or working in a position that did not fully accommodate their medical needs while pregnant or after giving birth.  Although some state laws fill those needs, many states do not provide any protection. During 2022, two important protections were signed into law by President Joe Biden: the Pregnant Workers Fairness Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act. The new protections put in place by these acts ensure that pregnant employees will not suffer because of their pregnancy, but instead be provided the proper and necessary time off and accommodations after giving birth.Continue Reading New Federal Protections for Pregnant Workers

Dykema attorneys Robert Boonin and Sean Darke will be presenting the above entitled webinar for the Michigan Chamber of Commerce on January 18, 2023. They will address how the legal landscape for employers has changed since the pandemic, the 2020 election, and 2022 mid-term elections, which may surprise many employers and which may require major changes to their approaches to employment relations. The webinar, which will have interactive Q&A, will highlight the biggest developments and provide participants guidance on how to reduce their liability going forward, and to otherwise avoid unwittingly stepping on a legal land mines triggering significant liability. Continue Reading What Employers Need to Know Now! The Top Legal Changes and Issues for 2023!

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade, raised more questions than answers for U.S. employers. As a result of Dobbs, abortion is no longer a constitutionally protected right in the United States. As such, each state is left to determine how to legislate with regard to abortion.
Continue Reading Employers Face Uncertainty After SCOTUS Abortion Rights Decision in Dobbs v. Jackson Women’s Health Organization

On Thursday, July 28, 2022, the Michigan Supreme Court issued its opinion in Rouch World, LLC v. Department of Civil Rights, finding in a 5-2 decision that Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”) protects against discrimination based on gender identity and sexual orientation. While so holding, the Court overturned precedent set nearly 30 years ago by the Michigan Court of Appeals in Barbour v. Department of Social Services. That court had relied upon then analogous federal precedent in holding that the same statute did not extend protection on the basis of sexual orientation, as “sex” in the context of ELCRA meant only “gender discrimination, not discrimination based on sexual orientation.”
Continue Reading Michigan Supreme Court Recognizes Protection Under State Law Against Discrimination Based on Gender Identity and Sexual Orientation