The United States Supreme Court issued an opinion in Groff v. DeJoy , clarifying its earlier opinion in Trans World Airlines v. Hardison, 432 U.S. 63 (1977) that described an employer’s obligation to an employee seeking an accommodation based upon
Dykema Labor & Employment Law Blog
The Dykema Labor & Employment Law Blog, published by Dykema, covers a range of topics related to labor and employment law. It addresses legislative updates and compliance obligations, including changes in state employment laws such as those in Illinois and California. The blog discusses regulatory enforcement trends, such as FTC scrutiny of non-compete agreements, and provides guidance on emerging workplace issues like the use of artificial intelligence. It also covers federal labor law preemption in specialized industries, union activity, wage and hour regulations, employee leave laws, and employment contract considerations. The blog serves as a resource for employers to understand evolving legal requirements and labor relations developments.
Latest from Dykema Labor & Employment Law Blog - Page 7
Cannabis Continues to Demonstrate Major Differences Between State and Federal Law
By James Aldrich & Tim Trunzo
While more and more states move to legalize various uses of cannabis, a recent decision on an application for U.S. citizenship demonstrates its possession, use, and distribution remain illegal under federal law and can have significant consequences.…
USCIS Investigating Extensive Fraud in FY2024 H-1B Registration Process
By James Aldrich & Tim Trunzo
The USCIS has announced it has begun investigations into what it terms “extensive fraud” during the FY2023 and FY2024 H-1B Registration processes (in March 2022, and March 2023, respectively).
U.S. employers wishing to sponsor a foreign national for H-1B status…
Reassignment as an Accommodation Under the Americans with Disabilities Act – Reasonable or Not
By Dan Stern
The United States Fifth Circuit Court of Appeals recently published an opinion addressing reassignment of an employee with a disability to a vacant position as a reasonable accommodation pursuant to the Americans with Disabilities Act (“ADA”). EEOC v. Methodist Hospital…
Michigan’s Right-to-Work Law Repeal
On March 21, 2023, and along party lines, the Michigan Legislature advanced a bill to the Governor’s desk to repeal the state’s 2013 right-to-work. The Governor signed the bill on March 23, 2023. The new law is expected to go…
Non-Union and Union Employers Beware: Basic Provisions in Separation and Settlement Agreements Are Now Illegal
In a case decided by the National Labor Relations Board (“NLRB” or “Board”) on February 23, 2023, provisions in separation and settlement agreements regarding non-disparagement and confidentiality may run afoul of the National Labor Relations Act (“NLRA” or “Act”). On…
Cannabis Employee Misclassification Case Moves Forward in Federal Court
On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”). The opinion in DeMarco et al. v. FarmaceuticalRC, LLC et…
Proposed Immigration Filing Fee Increases to Fund Asylum Claim Processing
In a move that will certainly elicit strong reactions from U.S. employers of foreign nationals, the Department of Homeland Security (“DHS”) is seeking up to 204% increases in filing fees for employment- and investment-based immigration applications to pay for processing…
Illinois Mandates “Any Purpose” Paid Leave for Most Employees Starting in 2024
By Abad Lopez, Nicholas Ustaski & Dykema
The Illinois general assembly kicked off 2023 off by passing the Paid Leave for All Workers Act (the “Act”). Governor Pritzker is expected to sign the bill later this year. Once signed, the Act will go into effect on January…
A Win for California Employers: Employers Can Require Their Employees to Sign Arbitration Agreements as a Condition of Employment
In 2019 California enacted Assembly Bill 51 (AB51) that would impose criminal sanctions on employers who required employees to sign arbitration agreements as a condition of employment. From there, this highly controversial law has followed a circuitous route.…