Articles and Blogs

On June 27, in an anticipated move, the U.S. Secretary of Labor Alexander Acosta announced that the Department of Labor (“DOL”) will reinstate the issuance of opinion letters. The letters were a practice of the DOL for more than 70 years until 2010 when they were eliminated during President Obama’s administration in favor of... READ MORE

On May 25, 2017, the Michigan Supreme Court dealt another blow to medical providers seeking payment for services provided to individuals injured in car accidents in Michigan. In the opinion, the court held that a medical provider does not have standing to bring a claim against a no-fault insurer for the payment of personal... READ MORE

The Supreme Court of the United States (“SCOTUS”) ruled on Monday, June 5, 2017 that retirement plans maintained by religiously affiliated hospitals meet the definition of a church plan under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). As church plans, they are not subject to ERISA’s rules and regulations unless... READ MORE

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law... READ MORE

President Obama’s controversial Fair Pay and Safe Workplaces Executive Order 13673 (aka the “blacklisting” rule) has been eliminated. That means federal contractors will not be required to report labor violations as part of their federal contract bidding process. The related paycheck transparency requirements and prohibition against pre-dispute arbitration clauses related to Title VII claims... READ MORE

On Thursday, March 2, 2017, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) published a notice in the Federal Register that took the first steps toward delaying the so-called “fiduciary rule.” The EBSA acted in response to President Trump’s Presidential Memorandum of February 3, 2017 that directed the DOL to evaluate... READ MORE

A Seventh Circuit panel including Judge Posner affirmed summary judgment for AMS Mechanical System, Inc., the employer in an ADA case, despite some facts adverse to AMS. The panel accepted the employee’s version of the facts insofar as they were supported by his testimony: the employee, a welder named Gogos, left work early for... READ MORE

OFCCP mailed letters last week to over 350 separate companies notifying them that they are on the agency’s “to be audited” list. Known as Corporate Scheduling Announcement Letters (“CSALs”), the letters are provided as a courtesy in the hope that the company will be better prepared for the compliance review. Importantly, the notices are addressed to... READ MORE

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE