Laborsphere

Michigan Supreme Court Reinstates Voter-Initiated Sick Leave Law

The Michigan Supreme Court’s re-institution of the Earned Sick Time Act (ESTA) significantly expands Michigan’s sick leave requirements. Effective February 21, 2025, Michigan employers not previously covered by the Paid Medical Leave Act (PMLA) should implement a sick leave policy in accordance with the ESTA, and employers who currently follow the PMLA should review their policies and revise them to comply with the ESTA. The supreme court also reinstated the accelerated adoption of a $12 minimum wage in Michigan initiated by voters through the Improved Workforce Opportunity Wage Act.

To view the full alert, visit the Faegre Drinker website.

2024 Labor & Employment Updates for Insurers

We provide insurers five key takeaways from recent employment caselaw and regulation, on topics including the possible banning of noncompete agreements, federal and state minimum salary increases for exempt employees, upcoming audits of federal contractors, the NLRB’s questioned ability to obtain injunctions from federal district courts, and a list of the most significant state legislative and regulatory developments in the first half of 2024.

To view the full alert, visit the Faegre Drinker website.

Health Care Practitioner Noncompete Ban Signed Into Pennsylvania Law

On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after January 1, 2025, by health care practitioners and their employers, subject to limited, but important, exceptions. Therefore, Pennsylvania health care employers should review their employment agreements and revise them to ensure compliance.

To view the full alert, visit the Faegre Drinker website.

NLRB Withdraws Appeal of Joint Employer Rule Decision

Now that the NLRB has withdrawn its bid to keep the 2023 rule alive, what does this mean for employers? Likely, the NLRB is already looking at alternative methods to implement a similar standard either through new rule making or adjudications. In the interim, the standard now reverts to the 2020 rule, which requires an entity to actually exercise direct and immediate control over the terms and conditions of employment for a group of employees in order to be considered a joint employer.

To view the full alert, visit the Faegre Drinker website.

Trade Secret Remedies After Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd.

In Motorola, the Seventh Circuit provided useful direction on navigating complex remedies issues in trade secret cases. In light of this decision, the plaintiff in trade secret cases should consider preserving conflicting damages models through trial to allow for the recovery of the largest award. Likewise, a trade secret plaintiff should consider utilizing the burden-shifting approach to recover unjust enrichment sales. The trade secret plaintiff can also rely — at least in circumstances like those in Motorola — on unjust enrichment damages to calculate exemplary damages. In addition, the court can consider a defendant’s litigation conduct in deciding the scope of the injunctive relief ordered.

To view the full alert, visit the Faegre Drinker website.

Federal Court Decision Creates Greater Uncertainty as to Future of FTC Final Rule on Noncompete Clauses

In what some view to be a surprise development, the Eastern District of Pennsylvania issued a decision in ATS Tree Services v. FTC on July 23 affirming enforceability of the FTC’s Noncompete Rule, which designates most noncompete clauses as unenforceable after September 4, 2024. All eyes now turn to the Northern District of Texas, where the Ryan v. FTC court has promised a final decision on or before August 30. Most expect that the Ryan court’s final decision will continue to hold that the FTC did not have authority to issue the Final Rule, creating a split of authority.

To view the full alert, visit the Faegre Drinker website.