Your search for “Alert” returned the following results:
- An Agreement to Shorten the Statute of Limitations on Employment Claims is Enforceable but Employers Must Prove an Agreement
01/25/2023In 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…
- An Expansion of Federal Protections For Pregnant and Nursing Workers
01/20/2023On 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…
- NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA
12/19/2022As 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…
- Court of Appeals Hears Oral Arguments Requesting Opinion on Court of Claims Decision Invalidating MPLMA
12/16/2022As 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…
- Application of Michigan's NIL Law
11/21/2022More 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.…
- NIL Laws and Regulations Today
10/31/2022Over 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…
- NLRB Telegraphs Possible New Standard for Employee Email Use
10/05/2022On 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…
- The Customer Isn’t Always Right: Why and How Employers Should Address Third-Party Discrimination in the Workplace
09/30/2022In 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…
- Employers Beware! Michigan Supreme Court Clarifies and Expands Public-Policy Exception to At-Will Employment Presumption
08/16/2022On 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”…
- CDC Streamlines COVID-19 Guidance
08/15/2022The 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…
- Stay Temporarily Halts Expansion of Paid Sick Leave and Increase to Minimum Wage
08/01/2022As 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…
- Michigan Supreme Court Rules that State Civil Rights Act Bans Discrimination Based on Sexual Orientation
07/29/2022On 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…
- Is it really over…COVID-19 Employment Rights Act Roll Back
07/27/2022On 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…
- Chicago’s New Sexual Harassment Prevention Requirements Set Stage for Other States and Municipalities
07/19/2022The City of Chicago previously required all Chicago employers to provide two hours of sexual harassment prevention training for supervisors and one hour for all other employees annually. Now, Chicago has increased these requirements adding an additional hour of “bystander…
- Sixth Circuit Reinstates Failure-to-Accommodate Claim Because Employer Prematurely Halted the Interactive Process
06/14/2022A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), King v. Steward Trumbull Memorial Hospital (4/7/2022), addressed whether an employer failed to accommodate its employee’s potentially untimely request for unpaid leave. Jeanne King (“King”)…
- Every Deal Tells a Story: Communicating With Shareholders Regarding M&A Transactions
06/08/2022When a company’s management and board decide to move forward with a proposed merger or acquisition, they do so believing the deal will be in the long-term interests of the company and relevant stakeholders. They’ve crunched the numbers, looked at…
- NLRB General Counsel Seeks to Facilitate Organizing
04/19/2022The National Labor Relations Board’s current General Counsel, Jennifer Abbruzzo, is currently taking aggressive positions designed to help unions be more successful in organizing. The General Counsel is the agency’s top lawyer. While she cannot unilaterally change the law, she…
- U.S. Department of Labor Announces Plans to “Go Back to the Future”
03/18/2022The U.S. Department of Labor (“DOL”) recently announced that it is taking steps in furtherance of the Biden Administration’s stated aim to increase workers’ wages. On Friday March 11, the DOL announced that it will review and update inter alia…
- NLRB Targets More Restrictive Standard for Employee Handbooks and Work Rules
03/17/2022The National Labor Relations Board’s (“Board”) upcoming decision in Stericyle, Inc., NLRB Docket No. 01-CA-137660 may impact how the Board assesses the lawfulness of employer work rules and handbook policies in both union and non-union workplaces. The NLRB’s General Counsel…
- Sixth Circuit Decision Provides Guidance on Properly Managing Workplace Harassment and Discrimination Complaints
03/11/2022A recent Sixth Circuit reported decision provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act. In Burns v. Berry Global, Inc., the Court recognized that Berry…
- Before You Sell Your Business: The Due Diligence Audit
02/22/2022You’re a business owner heading into a meeting to pitch a potential client or customer for what would be a huge contract for your company. You’ve spent days or weeks preparing to put your best foot forward, answer questions, address…
- Michigan Enacts First-Time Home Buyer Income Tax Provisions
02/14/2022On February 9, 2022, Michigan Governor Gretchen Whitmer signed a law amending the Michigan Income Tax Act to allow a new deduction for contributions to certain “first-time home buyer” savings accounts. The law includes provisions that create a new…
- Senate Passes Bill Ending Mandated Arbitration in Sexual Misconduct Cases
02/14/2022On February 10, 2022, the Senate passed a landmark bill prohibiting enforcement of pre-dispute contract provisions that mandate arbitration for sexual harassment or assault claims. The bill also prohibits a “pre-dispute joint action waiver.” This means that any agreement purporting…
- OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard
01/27/2022On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or otherwise necessitate weekly testing of unvaccinated employees. OSHA may promulgate an ETS…
- Michigan Enacts Elective Flow-Through Entity Tax as “SALT Cap Workaround”
12/21/2021On Monday, December 20, 2021, Michigan Governor Gretchen Whitmer signed House Bill (H.B.) 5376 into law. H.B. 5376, also referred to as Michigan’s “SALT Cap Workaround,” amends the Michigan Income Tax Act to allow flow-through entities taxed as partnerships or…