Labor and Employment Law Update

Welcome to the Labor and Employment Law Update where attorneys from SmithAmundsen blog about management side labor and employment issues. We cover topics including addressing harassment and discrimination in the workplace, developing labor law, navigating through ADA(AA), FMLA and workers’ compensation issues, avoiding wage and hour landmines, key legislative, case law and regulatory changes and much more! Learn more about our firm at www.salawus.com.

Latest from Labor and Employment Law Update - Page 2

On April 2, 2025, United States Customs and Immigration Services (USCIS) announced it will extend the work authorization for individuals who are in the U.S. on Temporary Protected Status (TPS) from Venezuela through April 2, 2026.  Employers should take note when completing the Form I-9 and E-Verify for new and current employees.
Continue Reading USCIS Extends Venezuelan Work Status Through April 2026 and Issues a New
Form I-9

In today’s competitive talent marketplace, traditional compensation models alone are no longer enough to attract and retain top performers. Explore innovative approaches to total rewards that can help drive measurable business outcomes and increase employee retention and engagement on April 16.
Continue Reading Join Us for Beyond Sweat Equity: Modern Compensation Strategies for
Enhanced Engagement & Retention

Missouri’s paid sick time law, Proposition A, is scheduled to go into effect on May 1, 2025. While the constitutionality of Proposition A is currently being challenged under a state lawsuit before Missouri’s Supreme Court and Missouri’s General Assembly is considering legislation to repeal the mandate altogether, the paid sick time requirements are still on course to take effect May 1.
Continue Reading Missouri’s Paid Sick Time Law Is Set to Take Effect May 1, 2025

The U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool.  This came shortly after the DOL restored the dual jobs rule in December of 2024.
Continue Reading Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool
and Reverts Back to the Dual Jobs Rule

Over the past year, numerous class actions have been filed against large employers claiming their health plan surcharge for tobacco use is not in compliance with HIPAA nondiscrimination rules. These cases show no signs of slowing down. However, there are proactive steps employers can take to minimize the risk of becoming targets in this litigation trend.
Continue Reading Refusing to Quit: Class Actions on Tobacco Surcharges in Health Plans
Continue

Join Amundsen Davis for a new complimentary webcast series, Breakfast Briefings. Beginning with our first session on Wednesday, March 19, this series offers employers the tips, tricks, and guidance needed to thrive in an ever-changing landscape.
Continue Reading Register Now for Breakfast Briefings: Ensuring Effective Employee
Communications and Compliance Expectations

The U.S. Department of the Treasury announced plans to significantly reduce the number of entities that must report under the Corporation Transparency Act (CTA). The announcement indicates that the Treasury Department intends to eliminate the reporting obligation for domestic companies.
Continue Reading Treasury Department Announces Suspension of Enforcement of Corporate
Transparency Act

The U.S. Department of the Treasury announced plans to significantly reduce the number of entities that must report under the Corporation Transparency Act (CTA). The announcement indicates that the Treasury Department intends to eliminate the reporting obligation for domestic companies.
Continue Reading Treasury Department Announces Suspension of Enforcement of CorporateTransparency Act

On February 21, 2025, a U.S. District Court judge issued a preliminary injunction blocking the enforcement of key provisions of the Trump administration’s executive orders terminating diversity, equity, and inclusion (DEI) grants, contracts, and initiatives. This ruling is the first—and likely not the last—in a series of challenges and the final outcome is likely to have a significant impact on employers.
Continue Reading “Red Light, Green Light”: Federal Court Blocks Trump’s DEI Executive Orders

As part of the Paperwork Burden Reduction Act, signed into law on December 23, 2024, the Internal Revenue Code was amended to give employers the green light to simply post a general notice of availability as an alternative method for distributing Form 1095-C. Those electing to use the alternative method for distribution should ensure their website notices are posted and satisfy distribution requirements before the March 3, 2025, deadline.
Continue Reading IRS Issues Guidance on Alternative Distribution Method for Form 1095-C

On Feb. 21, Governor Whitmer signed House Bill 4002 and Senate Bill 8 into law, which impose new amendments to Michigan’s Earned Sick Time Act (ESTA) and minimum wage law. It is critical for employers to understand the amendments as both bills are currently effective.
Continue Reading Michigan Amends Its Minimum Wage and Earned Sick Time Laws Effective
Immediately… Again

On February 14, 2025, William Cowen, the acting general counsel (“GC”) for the National Labor Relations Board (“Board”) rescinded several Guidance Memorandums that were previously issued by the Board’s former GC, Jennifer Abruzzo, during the Biden administration. This is a significant move because it indicates that the Trump’s Board is likely preparing to take a much different path forward in administering and enforcing the National Labor Relations Act.
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Continue Reading NLRB’s Acting General Counsel Rescinds Biden-Era Guidance Memorandums

In the wake of increased federal enforcement of immigration policies, health care entities need to understand the impact those policies may have on their operations from a personnel and patient perspective. The interplay between immigration enforcement and patient privacy requirements is an equally important consideration. 
Continue Reading ICE at Health Care Facilities: Immigration Enforcement and Patient Privacy

Despite head-turning decisions issued in recent years by the National Labor Relations Board designed to help labor unions in their organizing efforts, a concentrated government push towards union-only Project Labor Agreements—and many state legislatures passing laws intended to limit an employer’s right to even discuss the good, bad, and ugly of union membership—the union membership rate dropped in 2024 to another all-time low. 
Continue Reading Union Membership Drops to an All Time Low (Again)