Spring 2026 Labor & Employment Law Update
To learn more about the major challenges employers face and developments your organization needs to address, we encourage you join the first of two virtual Labor & Employment Law Updates we will be hosting in 2026:
- When: Wednesday, May 20 from 9:00-10:00 am
- Cost: No Charge
- Registration: https://bit.ly/SpringUpdate2026
- Agenda: A panel of Foster Swift attorneys discuss developments in various areas of Labor and Employment law, including brief overviews of the topics discussed below:
Wage & Overtime Compliance in 2026
This session will cover FLSA's regular rate doctrine and break down the most common mistakes that employers are making and practical steps to avoid them, including:
- Flat fees, bonuses and commissions improperly excluded from overtime calculations
- Employee misclassification risks
- Improper use of compensatory time outside of public sector
Status of Non‑Compete Agreements
Michigan’s non‑compete landscape remains influx, and employers should be ready. This session will cover the latest developments and outline practical strategies for adapting your agreements:
- Status on legislation limiting non‑competes to high‑level employees
- Greater difference between enforcement and scrutiny of duration, geographic scope, and legitimate business interests
- Growing reliance on non‑solicitation and confidentiality agreements
Discrimination and Retaliation Risks
The Elliott‑Larsen Civil Rights Act (ELCRA) continues to offer broader protections than federal law. This session will give a brief overview of emerging trends and practical steps to reduce exposure in hiring, discipline and accommodations including:
- Disability accommodation challenges including temporary impairment requests
- Retaliation claims linked to internal investigations and employee complaints
- Sexual orientation and gender identity protections and related litigation trends
- Individual supervisor liability under ELCRA for training and oversight
- Longer limitations periods following recent Michigan Supreme Court guidance on shortened contractual limitations clauses
Round Table Q&A
If you have more questions, after the initial hour-long session has concluded, we will have a 30-minute Q&A in which our speakers will answer questions from attendees submitted via the Zoom Chat window. Keep in mind that these topic discussions are only meant to provide a brief overview of how each affects employers and HR professionals and only begin to scratch the surface.