The Personnel Files Blog

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The Personnel Files blog is a publication of Miller Johnson’s Employment and Labor group. Topics covered will include wage and hour, FLSA, ADA, immigration, employee handbooks, union relations, FMLA, workplace harassment and much more.

30 April 2024

What’s All The Fuss About? The EEOC Weighs In O...

Last summer, in a pair of cases- Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v. University of North Carolina– the United States Supreme Court held that race-conscious university admissions policies are unconstitutional. Only days after the Students for Fair Admissions decision, attorneys general from 13 states issued […]

16 April 2024

White House Drops Clues to Future AI Guidance f...

On March 28, 2024, the Biden administration published “Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence,” which contains the administration’s guidance to federal agencies regarding risk management steps they must take for their own use of AI. This guidance for federal agencies’ use of AI is likely a prelude to future […]

02 April 2024

The 2023 U.S. DOL Independent Contractor Rule: ...

Earlier this year, the U.S. Department of Labor published a final rule that sheds new light on how it will decide whether workers are employees or independent contractors.  The rule, which replaces a rule issued in 2021, guides how the agency will administer and enforce the Fair Labor Standards Act (FLSA). The 2021 rule had […]

19 March 2024

School Is (Almost) Out and Summer Jobs Are In: ...

With summer just around the corner, it’s essential for employers to remember the do’s and don’ts of employing youth workers. Youth workers are an important part of the workforce especially during the summer months when school is not in session. In Michigan, the Youth Employment Standards Act (YESA) governs the employment of minors. YESA defines […]

05 March 2024

Remote I-9 Verification: What Employers Should ...

In July 2023, the USCIS introduced a new Form I-9, along with a new procedure for remotely verifying I-9 documents. As of August 1, 2023, employers who participate in E-Verify and are in “good standing” have the option of examining Form I-9 documents during a video conference instead of in-person. The remote verification procedure requires […]

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20 February 2024

The Groundhog’s Spring Forecast: Who Will Be Un...

In December 2023, the U.S. Department of Labor (DOL) published its Fall 2023 Regulatory Agenda, which provides insight into what will be keeping DOL’s leadership and regulation writers busy early in 2024. Among the actions of interest to human resources professionals is an indication that the DOL plans to issue a final rule defining and […]

06 February 2024

DOL Publishes Industry Specific Guidance on PUM...

On December 29, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Motions (PUMP) Act. (For more information, please read our Client Alert.) The PUMP Act requires employers to provide a reasonable amount of break time and a private, non-bathroom space to express milk as frequently as needed by the nursing […]

23 January 2024

The Impact of Right to Work’s Repeal

Last year, Michigan became the first state in decades to repeal its “Right to Work” law.  The repeal of Right to Work will take effect on February 14, which means employers and employees have just a few weeks left to prepare. Before Right to Work, employees working in a unionized workforce often were forced to […]