On March 25, the Supreme Court heard argument in Flowers Foods, Inc v. Brock, a case presenting a key issue regarding interstate commerce: whether “last-mile” delivery drivers are classified as transportation workers engaged in foreign or interstate commerce under Section
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Latest from Dykema - Page 6
Breaking Down the Groundbreaking Rescheduling Of Medical Marijuana To Schedule III
On April 23, 2026, Acting Attorney General Todd Blanche announced that the Justice Department ordered the rescheduling of marijuana products that are FDA-approved or regulated by a state medical marijuana program. These products will move from Schedule I to Schedule…
Activity in Oklahoma, Alabama, and Maine Signals a Privacy Deregulatory Trend
Takeaways
- The enactments of Alabama’s and Oklahoma’s comprehensive privacy legislation are not remarkable in and of themselves. However, the passage of these business-friendly statutes, in contrast with the defeat of Maine’s more aggressive privacy law, points to a trend of
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The Latest Attempt by the DOL To Adopt Standards on Determining Joint Employer Status Under the FLSA, FMLA, and MSPA
The Department of Labor announced, April 22, 2026, a new Proposed Rule on who can be a joint employer under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection…
Federal Trade Commission Flexes Its Muscles On Non-Competition Agreements
Despite a relatively high-profile pivot away from a Biden-era rule ostensibly banning non-competition agreements nationwide last year, the Federal Trade Commission recently threatened to come down hard on a large employer in the pest control industry that was indiscriminately requiring…
Illinois Supreme Court Rules That Amazon’s Pre-Shift COVID Tests Are Compensable Under Illinois Wage Law
On March 19, 2026, the Illinois Supreme Court clarified that the Illinois Minimum Wage Law (“IMWL”) does not incorporate the Fair Labor Standards Act’s (“FLSA”) exclusions for pre- and post-shift work. The Court’s ruling in Johnson v. Amazon.com Services, LLC,…
The White House AI Framework for Fair Use and Why the Courts May Get There First
On March 20, 2026, the Trump Administration released its National AI Legislative Framework, a seven-section policy document covering children’s safety, energy infrastructure, intellectual property, censorship, innovation, workforce development, and federal preemption of state laws. Guided by a vision of “permissionless…
Now Live: The April 2026 Insurance Bad Faith Report
Our latest Bad Faith Report is now available, featuring concise summaries of the most recent bad faith decisions issued nationwide.
Michigan Treasury Does About-Face on Wholesale Marijuana Tax Issue
Michigan licensees—DO NOT MISS A MAJOR CHANGE IN WHOLESALE TAX ADMINISTRATION!
The first payments for Michigan’s new wholesale are due, ironically, on April 20. As we previously reported, FAQs published by the Michigan Department of Treasury just a few…
At the Wheel: Spring Edition
Spring brings renewed momentum for the automotive industry as companies respond to shifting market conditions, regulatory changes, and continued innovation. In this Spring Edition of At the Wheel: An Automotive Roundup, Dykema’s Automotive, Mobility & Transportation (AMT) Group highlights recent…