Labor & Employment Law Update

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.

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.

On February 14, 2025, William Cowen, the acting general counsel (“GC”) for the National Labor Relations Board (“Board”) rescinded several Guidance Memorandums that were previously issued by the Board’s former GC, Jennifer Abruzzo, during the Biden administration.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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In this brief state law update, we'll cover new and updated posters required by state and local law for employers operating in those locations. Locate your state below to determine if any of the following updated employment posters and notices apply to you. Links to posters provided. 

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. 

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. 

President Trump has ousted National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago. Trump also fired NLRB member Gwynne Wilcox, an unprecedented removal that leaves the five-seat board with only two members, depriving it of a quorum and therefore currently unable to decide cases. So, what does this all mean for employers?

Artificial intelligence (AI) is everywhere these days, including your workplace. While there is no one-size-fits-all AI policy that will work for every company, here are our general thoughts about how employers can constructively manage the use of AI.

On the heels of ordering federal diversity, equity, and inclusion (DEI) employees to be placed on paid leave, on January 21, 2025, President Trump revoked executive Orders (“EO”) 11246 and 13672.

EO 11246 was established in 1965 to require certain government contractors to protect women and minorities with affirmative action efforts and programs. EO 13672, established in 2014, prohibited contractors from discriminating against workers based upon sexual orientation and gender identity.

There are many questions surrounding potential U.S. Immigration and Customs Enforcement (ICE) raids impacting the workplace, as well as a heightened prospect of being contacted by the Homeland Security Investigations (HSI) division of the Department of Homeland Security (DHS) to inspect work authorization documents.  Employers need to understand that an ICE raid is much different than a typical HSI Form I-9 audit.