Michigan Repeals Right-to-Work Law
In 2012, Michigan enacted a right-to-work statute that prevented employees from being forced to join or financially support a labor union as a condition of employment. On Friday, March 24, 2023, Michigan became the first state in 58 years to repeal its right-to-work statute. The repeal will take effect on March 30, 2024, and have a significant impact on employees, employers, and labor unions alike. Learn More
NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements
The National Labor Relations Board recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or confidentiality/non-disclosure clauses violate the rights of employees under Section 7 of the National Labor Relations Act. In the weeks since the Board’s February 21 decision in McLaren, employers have been struggling to understand the breadth of the decision and how it affects the agreements they have entered into, or plan to enter into, with employees. On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05, in which she provides guidance on the decision’s scope. Learn More
OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023
In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and Customs Enforcement (ICE) I-9 audits pursuant to Notices of Inspection (NOIs). On average, OCAHO reduced the penalties by 34.16%. Learn More
California Seeks to Ban Criminal Background Checks for Most Private Sector Employers
Existing California law regulates inquiries into and the use of criminal history information in hiring and personnel decisions. Existing California law also substantially impedes the ability of employers (and background check companies) to obtain such information from public records. The existing restrictions, however, pale in comparison to draconian restrictions proposed earlier this year. On February 17, 2023, two state senators introduced Senate Bill 809 (SB 809) to replace one of the primary California laws with the “Fair Chance Act of 2023.” SB 809 is currently pending review by the Senate Judiciary Committee and contains eight sections. Because the bill seeks to outright ban criminal background checks by most private sector employers, employers should monitor the progress of this bill in Sacramento. Learn More
How Do We Handle Drug or Alcohol Impairment in the Workplace?
We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about employees potentially endangering themselves or others if they are using our equipment while impaired, but we are unsure what to do in these circumstances. Can you help? Learn More
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