EEOC Proposes Pregnant Workers’ Fairness Act Regulations
On Friday, the EEOC is set to issue proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). The proposed regulations will be published in the Federal Register.
On Friday, the EEOC is set to issue proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). The proposed regulations will be published in the Federal Register.
Several clients have received letters on behalf of Trex Properties LLC for alleged contamination associated with a former Detrex Corporation facility at 12886 Eaton Avenue in Detroit, Michigan. These letters claim the recipients are liable for response costs to investigate and remediate the contamination under CERCLA (Superfund) and Michigan law. The letters then make a […]
Yesterday afternoon, the National Labor Relations Board issued its decision in Stericycle, Inc., nixing a Trump-era standard for workplace rules and returning to a modified version of its 2004 standard. The decision reverses a reasonable standard that incorporated full consideration of important business interests supporting employer workplace rules and policies. The decision creates risk and uncertainty for employers that many reasonable and common workplace rules will be viewed as unlawful under federal labor law.
On June 23, 2023, the Treasury Department and IRS issued Notice 2023-37, which provides that for plan years ending after December 31, 2024, a high-deductible health plan (“HDHP”) will no longer be permitted to provide coverage for COVID-19 testing and treatment under the HDHP before the minimum HDHP deductible is met without jeopardizing a participant’s HSA eligibility. In addition, in Notice 2023-37, the Treasury Department and IRS clarified that the preventive care safe harbor does not include screening (i.e., testing) for COVID-19, effective as of June 23, 2023 (the date that Notice 2023-37 was issued). However, this clarification will not be relevant for HDHPs/HSAs until the first plan year ending after December 31, 2024.
On July 11, 2023, the Michigan Supreme Court overturned decades-old caselaw and ruled that the term “blanket order” does not, by itself, create a requirements contract. A requirements contract is one where the seller must supply some or all of the buyer’s “requirements” of a good for a period of time. The Court held that […]
In Groff v. DeJoy, the Supreme Court recently “clarified” the Title VII standard that a covered employer must use to navigate an employee’s religious accommodation request. Because the decision will change how courts assess religious accommodation cases, employers subject to Title VII must consider how their religious accommodation processes may require alteration.
On June 7, Governor Whitmer signed legislation amending Michigan’s distracted driving law, making it illegal to hold or use an electronic mobile device while driving. The law is effective on June 30, 2023.
The deadline for federal contractors and subcontractors to certify compliance in preparing their affirmative action plans (AAPs) is June 29. Failure to certify AAP compliance increases the risk that contractors will be selected for a future OFCCP enforcement audit.
Governor Whitmer signed into law the Creating a Respectful and Open World for Natural Hair Act, or CROWN Act. The CROWN Act amends the definition of “race” in the Elliott-Larsen Civil Rights Act to clarify that it includes “traits historically associated with race.” These traits include hair texture and “protective hairstyles” like braids, locks, and twists.
Yesterday, the National Labor Relations Board’s (NLRB) General Counsel, Jennifer Abruzzo, issued another memo seeking to secure employer compliance with changes in federal law that she would like to see adopted. In this memo, the General Counsel joins the FTC in targeting non-competes. For the first time ever, the NLRB takes the position that most non-compete agreements—designed to protect against unfair competition—are now unlawful under the National Labor Relations Act (NLRA).
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