Labor & Employment Law Update

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

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, Internal Revenue Code (IRC) sections 6055(c) and 6056(c) were amended to allow the use of the alternative method for distributing Forms 1095-B and 1095-C.

Stated simply, employers were given the green light to simply post a general notice of availability instead of being required to individually distribute Form 1095-C.

Existing guidance was already in place describing requirements for an alternative method of distributing Form
Continue Reading IRS Issues Guidance on Alternative Distribution Method for Form 1095-C

On Friday, Feb. 21, Governor Whitmer signed House Bill 4002 (H.B. 4002) and Senate Bill 8 (S.B. 8) into law, which impose last minute and new amendments to Michigan’s Earned Sick Time Act (ESTA) and minimum wage law (i.e., the Improved Workforce Opportunity Wage Act) that were set to take effect on Feb. 21, 2025.

Both bills were effective immediately upon the governor’s signature, making it critical for employers to understand the amendments.
Background on Michigan’s Sick Time and
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. The recissions made through Memorandum GC 25-05 impact very significant and slightly controversial policy priorities under Abruzzo.

The action appears to be part of the Trump Administration’s efforts to reorganize and overhaul government and government agencies. Indeed, Acting GC Cowen explained:
Over
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)

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?
Continue Reading NLRB Shakeup: Trump Removes Two NLRB Officials

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.
Continue Reading Bringing AI Out of the Shadows: How to Manage the Use of AI in Your
Workplace

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. 
Continue Reading Workplace ICE Raids and Form I-9 Inspections

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.
Continue Reading President Trump Dumps Affirmative Action Obligations Based on Gender, Race,
and Sexual Preferences. What Does This Mean for Federal Contractors?

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators with legitimate questions about how those schemes interact with the federal Family and Medical Leave Act (FMLA).
Recently released guidance from the United States Department of Labor (DOL), in the form of an opinion letter, attempts to resolve many of those questions.
Continue Reading FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of
Labor Guidance for Employers Tries to Answer Tricky Questions

The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides stability for employers and employees alike. The rule’s implementation coincides with the start of a new administration, adding potential uncertainty.
Continue Reading H-1B Modernization Rule Finalized