COVID-19 Surge Medical Leave Refresher for Employers

In 2020, as COVID-19 cases were mounting, many employers were tasked with following the brand-new Families First Coronavirus Response Act (“FFCRA”), which provided a framework and tax credits for paid leave, including paid sick leave, for certain reasons pertaining to COVID-19. In 2021, as COVID-19 cases declined, this paid leave became voluntary, and employers who …

Why President Biden’s Plan to Vaccinate the Unvaccinated in Private Employment is a Lot of Buzz, but Likely Little Sting

The entire country has been abuzz about President Biden’s Plan for “Vaccinating the Unvaccinated.” The Plan would require private employers with 100 or more employees (“Covered Employers”) to ensure their workers are vaccinated from COVID-19 or tested weekly and to provide paid time off for employees to get vaccinated.[1] To execute this Plan, the Department …

What Employers Can Do Regarding Fake Vaccine Cards so They Have “No Ragrets”

With the Pfizer COVID-19 vaccine obtaining full FDA approval and President Biden’s sweeping announcement that he will be requiring federal employees, employers with over 100 employees, and many others to require vaccines or frequent testing, there has been a steady rise in the number of employers requiring their employees to obtain a COVID-19 vaccine as …

Managing the Risk of Events in a Post-COVID World: Three FAQs

As we look ahead to a post-COVID world, many are wondering how to make events safe, reduce liability, and implement contractual protections should an emergency arise. This blog highlights some frequently asked questions when preparing to hold an in-person event. Can a business require vaccinations, proof of vaccinations, or health checks as part of an …

You Said Non-compete Agreements Are Enforceable in Michigan; What Is This Federal Government Announcement I Heard Recently?

A few weeks ago, our All Things HR Blog took time to tackle frequently asked questions about the enforceability of restrictive covenants in Michigan, including employee non-compete restrictions.  We decided this would be a good week to expand on that topic. Many readers likely noticed recent headlines blaring out that on July 9, 2021, President …

Verdict Requiring Employer to Accommodate Employee’s Request for Service Dog Leaves Employers Scratching Their Ears…I Mean Heads

It all began when the Union Pacific Railroad told employee Perry Hopman, a combat veteran, on two separate occasions that he could not allow his service dog – a 125-pound Rottweiler named Atlas – to accompany him to work to help him with his PTSD. Hopman received his diagnosis after an 18-month tour of duty …

Loaded Questions: Are Noncompetition and Nonsolicitation Clauses Really Enforceable in Michigan?

As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes many forms. For example: Employer Client: “I don’t want to prevent someone from working, so I just have my …

The DOL to Bring Back the 80/20 Rule for Tipped Employees with an Additional 30-Minute Rule

In an effort to “undo” the Department of Labor’s (“DOL”) actions under the Trump administration, on June 23, 2021, the agency published a Notice of Proposed Rulemaking (“NPRM”), revising how it will regulate the minimum wage pay of tipped employees. Under the Fair Labor Standards Act (“FLSA”), employers must pay non-exempt hourly employees a minimum …

Are Mandatory Vaccinations Included in Back to “Normal”?

As life begins to return to some semblance of “normal” (i.e., what it was like before terms like “aerosol droplets,” “fomite,” “herd immunity,” and “PCR tests” were part of our daily lexicon)  employers are faced with difficult questions about what a return to “in-person” work looks like.  Atop the list is vaccinations, and whether as …