On January 5, 2023, the Federal Trade Commission (“FTC”) issued a proposed rule that would ban the use of non-compete clauses, also known as restrictive covenants, in employment agreements. The proposed rule is very broad, and its application would be far-reaching. The proposed rule would prevent employers from entering into non-competes and would also require employers to rescind any existing non-competes and inform current or former employees who are bound by a non-compete that they are no longer in effect.
The business world is abuzz with implementing Environmental, Social, and Governance strategies, often abbreviated ESG. These multi-part strategies outline practical guidelines the company operates within through a series of related policies. While ESG-type practices have existed far longer than the buzzword itself, transparency via technology has become an enormous factor.
As companies of all sizes continue moving toward transparency in their ESG practices, the requirements they impose will likely extend into their supply chain as well. Here are a few reasons why mid-market companies should prepare for ESG to extend to their supply chain and examples of policies they may consider looking for in prospective supply partners.
Ed Boucher, a top construction lawyer at Kotz Sangster, was awarded the 2023 W. Nelson Vander Hyden Award by the Washtenaw Contractors Association (WCA) as part of their annual Pyramid Awards on March 10, 2023. The award is given annually to construction industry leaders who make an impact on the Washtenaw community.
On March 16, 2023, Governor Gretchen Whitmer signed Senate Bill 4 (“SB 4”), which amends and expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit discrimination based on sexual orientation and gender identity or expression in employment, public accommodations and public services, educational facilities, housing and real estate.
In July 2022, the Michigan Supreme Court held in Rouch World, LLC v Department of Civil Rights, that discrimination on the basis of sexual orientation necessarily constitutes discrimination “because of … sex” within the meaning of the ELCRA. SB 4 codifies and expands those protections to now include gender identity or expression.
As amended, the ELCRA provides that “gender identity or expression” means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual’s assigned sex at birth” and “sexual orientation” means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation.” The text of SB 4 can be found here.
With this amendment, employers in Michigan are now prohibited from discriminating against employees on the basis of sexual orientation or gender identity or expression. As such, employers should amend any employment policies, handbooks or other employment documents to include prohibitions on discrimination on the basis of sexual orientation or gender identity or expression. Employers should inform their managers and supervisors of the changes in the law.
Should you have any questions regarding the ELCRA amendment, contact employment law attorney Bethany Sweeny email@example.com or your Kotz Sangster relationship attorney.