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.

07 February 2023

Watching What Happens: Earned Sick Time Act

By now you know that the Michigan Court of Appeals recently decided that the “adopt and amend” strategy that birthed the Michigan Paid Medical Leave Act did not violate the Michigan constitution. Read our January 26 Client Alert here.  This decision overturned a July 2022 ruling by the Michigan Court of Claims, and halts the […]

 
Unions
24 January 2023

New Year, New NLRB Updates

How did the Board celebrate the end of 2022, you ask? In case you had higher priorities in late December than tracking the NLRB’s activities and therefore missed it, the Board came down with three significant, pro-employee rulings. Not surprisingly, two of these decisions were reversals of Trump-era precedent. Additionally, and perhaps most significantly, the […]

10 January 2023

What’s in Store from the New Democrat Legislatu...

With the swearing in of the new Michigan House and Senate on January 11, Democrats will have full control of Michigan’s state government for the first time in 40 years. What could this mean for Michigan employers in 2023? A top priority for many Democrat leaders is repeal of Michigan’s “Right to Work” law.  This […]

27 December 2022

Silenced No More: New Law Protects Employees Wh...

Taking another step forward in the #MeToo movement, Congress recently passed a new law—the Speak Out Act—banning employers nationwide from using blanket non-disclosure or non-disparagement agreements or policies against employees who come forward with allegations of sexual harassment or assault.  However, the law does not ban employers from entering into standard confidentiality agreements with current […]

13 December 2022

From Resignation to Recession: Riding the Econo...

The last few years have not been kind to employers.  Government‑initiated closures at the onset of the pandemic.  The Great Resignation.  A recession that, if it has not yet been felt by all employers, soon will be.  One could forgive businesses for feeling like they are being bullied on the economic playground.  To punch back […]

29 November 2022

Pumping Through Work: The FLSA and Nursing Mothers

Maternal and paternal leave have been common topics of conversation, and sometimes debate, in the U.S. for years. Yet, little discussion occurs around how to welcome new parents back after leave. Mothers, especially nursing mothers, face unique challenges in their return to the workplace. It is important that employers understand nursing mothers’ rights under federal […]

Parental Leave
15 November 2022

Paid Parental Leave: What to Consider When You’...

Men are from Mars, Women are from Venus.  Thirty years after Dr. John Gray published his famous relationship book, the planets have aligned to largely take the phrase out of orbit—for a number of reasons.  Among other explanations, society has overhauled how it thinks and talks about sex and gender—and the associated roles.  Add in […]

Election Leave
01 November 2022

Election Season: What Employers Should Know Abo...

It’s midterm season. Signs of the upcoming election are everywhere. Commercials on tv and radio. Signs at every intersection. Text messages. So many text messages. HOW DID THEY GET MY NUMBER?!? Sorry . . . we’ll save that for another time. Back on topic: it’s news to no one that November 8 is the day […]

Unions
18 October 2022

Unions On The March While The Board Bangs The Drum

With big recent wins at Amazon, Starbucks, Chipotle, Trader Joe’s, and a favorable economic and political climate, right now the wind is in the sails of the labor movement. Those winds are likely to grow stronger as the current leadership of the National Labor Relations Board identifies opportunities to revisit and recast decisions in order […]