Description

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to attend our 2025 Virtual Labor & Employment Law Update. Below are the details:

• When: Wednesday, September 17 from 9:00-11:30 am
• Cost: Free
• Registration: https://fosterswift.zoom.us/webinar/register/WN_dVxaX_tNRLC_WOLKZI9T6g
• Speakers: Courtney Agrusa, Mike Blum, Karl Butterer, Tony Dalimonte, Cliff Hammond,
  Mike Kluck, McKenna Rivers 
• Agenda: Roundtable panels of Foster Swift attorneys will be discussing developments in various areas of Labor and Employment law, including brief overviews of those discussed below:

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• Enforceability of Non-compete and Non-solicitation Agreements

  • Understanding what factors makes these agreements enforceable—and where they may fall short—is critical for employers and HR professionals. Whether you're revisiting your current contracts or drafting new ones, our panel will provide guidance to navigate compliance and mitigate risk including:

    • Current trends we are seeing and legal roadblocks in enforcing noncompetes.

    • Key differences between agreements and best practices for drafting contracts.

    • Practical insight from recent cases and any developments on the horizon.

• How to Properly Classify Employees and Independent Contractors

  • Whether you are hiring seasonal workers or an intern to assist with data entry, it is critical that you properly classify your workers!

    Misclassifying employees as independent contractors can lead to costly legal and financial consequences. With changing laws in 2025, it is essential to understand classification rules and regulations going into 2026. Our panel will break down key differences and best practices to help you stay compliant including:

    • As of today, what are the rules for whether a person is an employee or an independent contractor?

    • Using the ABC Test vs. the Economic Realities Test for classification.

    • What can you do to keep yourself safe from a misclassification claim?

• The Shifting Legal Landscape of Discrimination Laws

  • Workplace discrimination laws continue to see significant transformation, with new interpretations and expanding protections constantly reshaping employers' responsibilities. 

    Our panel will examine the evolving legal framework surrounding workplace discrimination including religion, pregnancy, race, and reverse race cases to help you stay compliant and promote equity in today’s complex work environment.

• Layoffs/Reduction in Staff Considerations & Requirements 

  • Managing layoffs and staff reductions in today's climate requires careful planning and strategic communication. Our panel will provide a practical discussion on reducing legal risk while navigating the complexities of a reduction in workforce including:

    • A look into Michigan's WARN Act and other notice requirements and severance obligations.

    • How to avoid discrimination or retaliation claims during layoffs.

    • Considerations for rehiring and post-layoffs.

• Current Legal Landscape Surrounding DEI
  • In the current political climate, employers are facing significant changes in the landscape of Diversity, Equity, and Inclusion (DEI) due to a number of executive orders issued by the Trump administration. These changes have prompted a reevaluation of DEI policies to ensure compliance with evolving legal standards. Our panel will provide an overview of key executive orders affecting DEI and other practical guidance for employers to navigate these changes effectively.
• Handling Workplace Accommodations

  • Employers face growing responsibilities in providing workplace accommodations that are both legally compliant and culturally sensitive. Our panel will discuss how to navigate accommodation requests including relating to:

    • Religion: The requirements for providing religious accommodations have changed significantly. Employers will be well-served to take the initiative and launch a careful review and update of their organization’s policies, procedures and approaches to handling employee requests for religious accommodations.

    • Pregnancy: The U.S. Equal Employment Opportunity Commission's (EEOC) regulations on the federal Pregnant Workers Fairness Act (PWFA) dramatically expand the scope of workplace accommodations that covered employers are required to provide to pregnant employees, both before and after childbirth.

    • Disability: Hundreds of disability lawsuits are filed each year asserting violations of the Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA). It is imperative for employers to understand their legal obligations to comply with the ADA and PWDCRA, which includes providing reasonable accommodations.

• When and How to Provide Employment Separation Agreements

  • Separation agreements can be a valuable tool for employers to ensure a smooth transition when ending an employment relationship. Our panel will guide employers through the strategic use of these agreements including:

    • When to offer a separation agreement: layoffs, terminations, resignations.

    • Drafting clear language to avoid future disputes.

    • Best practices for presenting and negotiating these agreements.

• Status of ESTA and YESA

  • Are You Sick of ESTA and YESA Yet?
    While you may be getting tired of updates about sick time, Michigan’s Earned Sick Time Act (ESTA) and Youth Employment Standards Act (YESA) have impeding deadlines that employers must be aware of:

    • Expanded sick leave eligibility, accrual, and usage rules.

    • ESTA compliance deadlines for small employers.

    • New requirements for hiring and scheduling minors.

    • Changes in the process for obtaining work permits for minors.

    • Obligations for recordkeeping and documentation.