Under the Fair Labor Standards Act (FLSA), most employees in the United States must be paid at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek. However, there are some exceptions, including an exemption for highly compensated employees. Under the FLSA, one is a highly compensated employee if […]

A recent decision from West Michigan’s federal district court may have shed light on a minor mystery that’s puzzled a number of faith-based nonprofits and businesses in Michigan over the years: with no explicit protections for them in Michigan’s civil rights law,* why have they never been prosecuted for religious discrimination under state law? The […]

On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, 372 NLRB No. 58, and seemingly upended the modern severance agreement. As we have previously written about (see our Client Alert here) the Board held that employers violate the National Labor Relations Act when they offer overly broad severance agreements […]

The American employer is in a tough spot.  When the pandemic hit, many employers were forced to close their doors—some permanently.  Then, the end of lockdowns also signaled the beginning of the Great Resignation.  Indeed, in 2021, about 47 million workers quit their jobs.  2022 was no better, as about 4 million workers quit in […]

This is part four of a four-part immigration law series.  Read part one here. Read part two here. Read part three here. Immigration options exist for talent acquisition for hard-to-fill jobs. Learn about the requirements for the most common employment-based immigration categories to hire foreign nationals. In this webinar, Miller Johnson immigration attorneys Kevin Battle, […]

On January 30, 2023, the U.S. Departments of Health & Human Services, Labor, and Treasury (the Departments) issued proposed rules to expand access to no cost contraceptive services. Specifically, the Departments proposed removing the moral exemption to providing contraceptive coverage under an employer’s group health plan. Under the Affordable Care Act (ACA), non-grandfathered group health […]

This is part three of a four-part immigration law series.  Read part one here. Read part two here. Getting the Visa: A Three-Step Process The visa process has three distinct steps. First, the employer must apply to the Department of Labor for approval of a Labor Condition Application. Once that is approved, the employer files […]

This is part two of a four-part immigration law series.  Read part one here. Fortunately, the rules and regulations on qualifying employers, employees and jobs are well written, offering a clear playbook on what is needed to gain visa issuance. Qualified Employers To be eligible to petition for an H-1B visa, the employer must be […]