News Center

On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals. ELCRA Amendments Originally enacted in 1977, ELCRA currently prohibits employment discrimination based on religion, race,…

The U.S. Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form. This is…

The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren Macomb (Case 07-CA-263041), the employer permanently furloughed eleven employees and contemporaneously presented…

A recent Sixth Circuit decision upholding an employer’s non-compete agreement with a former employee highlights the need for legal counsel to craft preliminary injunction language in such matters which reflects the unique facts of the subject employee and the employee’s…

Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should have all brand owners considering whether to secure new…

On January 25, 2023, the Delaware Chancery Court issued its ruling in In re McDonald’s Corporation Stockholder Derivative Litigation, C.A. No. 2021-0324-JTL (Del. Ch. Jan. 26, 2023), holding for the first time that a corporate officer (not just directors) owes a duty of oversight to the corporation. This ruling expands the original In re Caremark Intern. Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996), holding that directors have a duty of oversight to officers as well.

In the not-so-distant past, there were fewer channels utilized for business communications, and business norms often limited communications to traditional channels even if other methods of communication were available. This made it relatively easy for companies to monitor, retain, and…

In a 3-0 decision (Mothering Justice v Attorney General) issued today, January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional authority to adopt and subsequently amend…

In Michigan, it is well-established that the statute of limitations for claims of discrimination, harassment and most other employment-based claims may be shortened by the agreement of the employer and the employee. This includes agreements to shorten the statute of…

On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) as part of the Fiscal Year 2023 Omnibus Spending Bill. The PWFA will require employers…

The Federal Trade Commission (FTC) has issued a Proposed Rule which, if implemented, would prohibit employers from entering into or attempting to enter into “a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to…

The National Labor Relation Act (“Act”) permits the National Labor Relations Board (“Board” or “NLRB”) to award damages to employees that put them in the financial position in which they would have been if no violation had occurred. This is…

As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo…

As Bodman’s Workplace Law Group reported in July of 2022, the Michigan Court of Claims ruled that the Michigan legislature used a constitutionally invalid procedure to amend the Earned Sick Leave Act (“ESA”), a ballot proposal that the legislature passed…

More changes are coming to the NIL laws governing Michigan student-athletes – effective December 31, 2022, House Bill 5217 officially sets parameters for how student-athletes can earn compensation for the use of their name, image, and likeness (“NIL”) in Michigan.…

Michigan’s Elliot-Larsen Civil Rights Act (“ELCRA”) protects employees who complain about alleged unlawful activity from retaliation. In the recent Michigan Court of Appeals decision, Miller v. Michigan Department of Corrections, the Court of Appeals held that under ELCRA a retaliation…

Over a year has passed since student-athletes gained the right to enter endorsement deals with businesses across the country.  This name, image, and likeness (“NIL”) era, as it has been termed, has caused both excitement and confusion.  We have previously…

On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer Service Representatives at T-Mobile’s Wichita Kansas call center…

In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake. Courts have repeatedly held employers responsible for the…

On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after remand, this ruling represents a bright-line allowance of certain “public-policy”…

The CDC announced new guidance for individuals exposed to or testing positive for COVID-19.  It is important for employers to understand the modifications to the CDC guidance when addressing employees regarding isolation and masking. The CDC stated that it is…

As we previously reported, the Michigan Court of Claims issued a ruling on July 19, 2022, immediately reinstituting 2018 ballot proposals that: (1) required employers of all sizes to provide up to 72 hours of paid sick leave to all…

On July 28, 2022, the Michigan Supreme Court ruled 5-2 that the Michigan Elliot Larsen Civil Rights Act’s (“ELCRA”) prohibition against sex discrimination includes a prohibition against discrimination based on sexual orientation. In Rouch World, LLC and Uprooted Electrolysis, LCC…

On Monday, July 11, 2022 ̶ retroactively effective to July 1, 2022, with a final end date of July 1, 2023 ̶ Michigan’s COVID-19-era laws (three in total), including an amendment and repeal of Michigan’s COVID-19 Employment Rights Act were…

In a major development for Michigan employers, a Michigan Court of Claims Ruling has invalidated the Michigan Paid Medical Leave Act, and reinstituted the “Improved Workforce Opportunity Wage Act” and the “Earned Sick Time Act,” which were 2018 ballot proposals…