Articles and Blogs

Michigan’s Earned Sick Time Act (“ESTA”) is set to take effect on February 21, 2025. As a result of a decision from the Michigan Supreme Court in July 2024, employers will now have to comply with the ESTA, a voter-initiated legislation from 2018. The ESTA will replace Michigan’s Paid Medical Leave Act. Key Provisions... READ MORE

On November 15, 2024, the U.S. District Court for the Eastern District of Texas (the “Court”) vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (“2024 Final Rule”) that raised the minimum salary threshold for application of the executive, administrative and professional (“EAP”) exemptions from the minimum wage and overtime requirements of the... READ MORE

With the use of Artificial Intelligence (“AI”) systems becoming more and more prevalent in workplaces across the country, the U.S. Department of Labor (“DOL”) has released guidance on the development and use of AI by employers. This document, entitled “Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers,” (“Best Practices”)... READ MORE

On August 20, 2024, the federal judge in the Ryan, LLC lawsuit in Texas issued an order holding as unlawful and setting aside the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule“). Importantly, the set aside remedy is nationwide in scope, which means the Final Rule “shall not be enforced or otherwise take... READ MORE

On August 15, 2024, a federal judge in the Middle District of Florida (“the Court”) granted a request to temporarily block the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule“) as applied to the plaintiff, Properties of the Villages, Inc. (“POV”). Similar to the plaintiffs in the Ryan, LLC lawsuit in Texas and... READ MORE

A federal judge in the Eastern District of Pennsylvania recently declined a request to temporarily block the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). ATS Tree Services, LLC (“ATS”), a tree removal company, had requested that the Court issue a preliminary injunction to block the Final Rule, arguing that ATS needed to... READ MORE

The Michigan Supreme Court (the “Court”) recently reversed the Michigan Court of Appeals’ decision in Stegall v. Resource Technology Corporation, which held in February 2023 that federal and state occupational safety and health acts preempted Michigan workers’ claims for wrongful discharge in violation of public policy. On appeal, the Michigan Supreme Court held, however, that... READ MORE

The Eighth Circuit Court of Appeals (the “Eighth Circuit”) recently held in Howard v. City of Sedalia (“Howard“) that a hospital was not required to accommodate a pharmacist’s request to keep a service dog in the workplace because such accommodation was considered a “personal item,” providing assistance to her both on and off the... READ MORE

On June 13, 2024, the Supreme Court published its opinion in Starbucks v. McKinney. The Supreme Court held that the National Labor Relations Board (“NLRB” or “Board”) must satisfy the traditional, four-factor test for injunctions. In short, the decision makes it more difficult for the NLRB to successfully claim injunctive relief while adjudicating alleged... READ MORE

In a much-anticipated ruling entered on July 3, 2024, a federal judge in the Northern District of Texas (“the Court”) temporarily blocked, via a preliminary injunction, the implementation of the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). The injunction will remain in effect until the Court issues a final merits-based decision on... READ MORE