Michigan has recently made a significant change by ending its "right-to-work" law, a policy that has been in place since 2013. This law, initially passed by Michigan Republicans in 2012, was aimed at giving workers the choice of whether to join a union or pay union dues in workplaces where unions were present. The state's Democratic-led legislature decided to overturn this law last March, and the change officially took effect on Tuesday. "Right-to-work" laws are designed to prevent agreements that require all employees in a unionized workplace to pay union dues. These laws have been adopted b ..read more

2023 was a year of significant shifts and uncertainties in the landscape of employment law. From pivotal court rulings to evolving legislation and agency actions, the workplace landscape felt less like a steady office desk and more like a rocking chair on a turbulent ship. As we sail into calmer waters (hopefully), let's take a look back at the five biggest developments that will continue to shape the world of work: 1. The Rise of Worker Power: 2023 witnessed a surge in unionization efforts across industries. From Amazon warehouses to Starbucks baristas, workers embraced collective bargaining ..read more

On February 6, 2024, Texas will see a significant shift in its employment landscape following Governor Greg Abbott's recent signing of Senate Bill 7 (SB 7), a law that effectively prohibits private employers, regardless of their size, from enforcing COVID-19 vaccine mandates as a condition of employment. This landmark legislation marks a decisive turn in the ongoing debate over workplace health policies and individual rights in the context of the COVID-19 pandemic. What does SB 7 Do? At its heart, SB 7 is a response to the concerns raised by those who oppose mandatory vaccination policies in ..read more

In a groundbreaking verdict last year, a Dallas, Texas area jury delivered a resounding blow against employment discrimination, awarding $70 million in favor of 10 employees who had worked for Glow Networks. This case, known as Yarbrough, et al. v. Glow Networks, Inc., serves as a stark reminder of the persisting challenges of workplace discrimination and the legal avenues available to combat it. Background of the Case The lawsuit was filed by the employees against Glow Networks in a Texas federal court in December 2019. Their complaint detailed a distressing narrative of ongoing race discrim ..read more

The Supreme Court's ruling last week in the case of 303 Creative LLC v. Elenis has ignited a complex debate regarding the delicate balance between free speech rights and anti-discrimination laws. This landmark decision is being celebrated by some as a victory for free expression and panned by others as a strike against civil rights protections and established Supreme Court precedent. To fully grasp the complexities at play, we must delve deeper into the intricacies of the case and analyze its potential ramifications. The Case and the Clash: At the heart of the case is Lorie Smith, the owner o ..read more

Last week the U.S. Department of Labor issued a press release, touting its settlement with a corporate-owned location of Whataburger Restaurant LLC. The agency alleged that the company failed to provide reasonable break time for an employee to express breast milk as required by the Fair Labor Standards Act. Investigators also determined that, when the employee left the premises to express milk, the employer terminated the employee. To resolve the violations, the San Antonio-based franchisor signed an Enhanced Compliance Agreement stating it will provide FLSA training to all managers in the fu ..read more

Conduent State and Local Solutions, Inc., the operator of the New York E-ZPass toll collection system, and Broadleaf Results, Inc., an employment agency, have reached a settlement agreement of $120,000 and other relief in a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The case not only highlights the issue of disability discrimination but also raises important questions about joint employment and the responsibilities of client employers and staffing agencies under the Americans with Disabilities Act (ADA). The settlement aims to rectify t ..read more

The New York City Council recently enacted legislation prohibiting employment discrimination premised on an individual's weight or height, signifying a critical advancement in the sphere of employment law. The law contains a provision granting an exception to employers for whom an employee's height or weight is intrinsically tied to the execution of vital job functions, as well as to operators or providers of public accommodations. This legislation positions New York City alongside a select number of other cities that have already instituted prohibitions against weight-based discrimination, i ..read more

If you work hourly and over 40 hours a week, you should receive extra pay. But this rule isn't always straightforward, as shown in the Helix Energy Solutions Group v. Hewitt case recently decided by the U.S. Supreme Court. In Helix, Michael Hewitt worked 28 consecutive 12-hour days on an oil rig but wasn't paid overtime even though he worked more than 40 hours per week. Helix argued that he was exempt from overtime pay because he fell under the Fair Labor Standards Act's exemption for "bona fide executive, administrative, or professional" (EAP) employees. The exemption is defined in two ways ..read more

A new survey by Resume Lab shows a growing trend of employees demanding transparency around salaries within their organizations. This trend is driven by factors such as the increasing availability of salary data online and a growing awareness of pay disparities, particularly between men and women. What Is Driving This Trend? One of the main drivers of this trend is the increasing availability of salary data online. Websites like Glassdoor and PayScale have made it easy for employees to compare their pay to others in similar roles. This has led to a greater awareness of pay disparities, partic ..read more