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.

Non-Compete Agreement Image
03 September 2024

Non-Competes: Where Are We Now?

On August 20, a federal judge in the Northern District of Texas blocked the Federal Trade Commission’s (FTC) rule banning non-competes. The rule, which would have rendered most non-compete agreements unenforceable and required employers to notify employees and former employees that their agreements were no longer enforceable, was set to go into effect on September […]

 
National Employment Law Compliance
20 August 2024

Multi-State Madness: Spotting Employment Issues...

Laboratories of democracy. That’s what U.S. Supreme Court Justice Louis Brandeis once called states. According to Brandeis, states could afford to experiment with their laws – for better or worse – without impacting the rest of the country. But Brandeis died in 1941 and couldn’t have imagined the world we know. National and international companies […]

Pregnant Worker
06 August 2024

Pregnant Workers Fairness Act Final Regulations

The Equal Employment Opportunity Commission’s (EEOC) final Pregnant Workers Fairness Act (PWFA) regulations went into effect on June 18, 2024. The regulations are full of essential information that covered employers need to know to ensure PWFA compliance. Don’t worry—you do not have to read the EEOC’s 400+ page final rule and interpretive guidance! We did […]

Equal Employment Opportunity Commission
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 […]

Artificial Intelligence Robot
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 […]

Independent Contractor Agreement
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 […]

Student Need Summer Job July and August
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 […]

USCIS Form I-9
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 […]