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.

16 May 2023

The Pandemic Is Over; What’s Left of Protected ...

After more than three years of COVID-19 compliance challenges in the United States, May 11, 2023 marked the end of the federal COVID-19 public health emergency (PHE) declaration, as well as the COVID-19 vaccine requirement for Federal employees, Federal contractors, and international air travelers.[1] While many COVID-19 related laws expired long before the end of […]

02 May 2023

Form Matters: Are Your Highly Compensated Emplo...

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 […]

18 April 2023

New Court Ruling Means Religious Employers in M...

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 […]

04 April 2023

Key Takeaways from NLRB’s General Counsel Guida...

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 […]

21 March 2023

Still Looking for Employees? Try Boomerangs

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 […]

13 March 2023

Get In The Game Part 4 – Immigration Options Fo...

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, […]

07 March 2023

Biden Administration Proposes New Rules to Expa...

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 […]

06 March 2023

Get In The Game Part 3 – Getting The Visa...

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 […]

27 February 2023

Get In The Game Part 2 – Qualified Employ...

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 […]