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- Workplace Law Lowdown | Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County
01/22/2021Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County to ADEA Claims Employers in the Sixth Circuit Gain Predictability in the Test for Determining Claims Under the ADEA The case of Pelcha v. MW Bancorp…
- Workplace Law Lowdown | Distinguishing Between Employees and Independent Contractors: The DOL Provides Long-Awaited Clarity
01/12/2021The issue of misclassifying employees as independent contractors has been plaguing employers for years. This has become an even bigger concern as the Department of Labor (“DOL”) recently made independent contractor misclassification an enforcement initiative, resulting in hundreds of thousands…
- New COVID Relief Bill – Paycheck Protection Program (Round 2)
01/08/2021As a result of recently passed stimulus legislation called the Economic Aid Act, additional funding has been made available under the Paycheck Protection Program (“PPP”) for both first and second-time borrowers. It is anticipated that borrowers applying for a first…
- New COVID Relief Bill – Expanded worker benefits; payroll tax changes
01/11/2021On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (the “Act”). In addition to the 2021 appropriations and authorizations, this spending package includes $900 billion in emergency coronavirus relief. Among other things, the Act provides some relief…
- Workplace Law Lowdown | The Sixth Circuit Clarifies the FLSA Test for Educational Programs
01/06/2021A recent Sixth Circuit Court of Appeals opinion, Eberline v. Douglas J. Holdings (12/17/2020), clarified how the Fair Labor Standards Act (“FLSA”) exemption for educational programs should be applied when some duties do not fall within the educational purpose. In…
- Workplace Law Lowdown | New Year, New Preparedness and Response Plan Requirements
01/05/2021Though employers have been enforcing their COVID-19 Preparedness and Response Plans for many months, recent legislation and public health guidance necessitate an update and provide some unexpected room for employer discretion. The sources of change: The Centers for Disease Control…
- Workplace Law Lowdown | Can Employers Require a COVID-19 Vaccine?
12/08/2020Every day Americans are promised an end to this pandemic through the advent of an all hallowed vaccine. As this day draws nearer, questions for employers become more eminent—how (and whether) to administer a vaccine program; whether employers can require…
- Workplace Law Lowdown | MIOSHA Releases New Guidance, Requiring COVID-19 Remote Work Policies, and Promising to Enforce its Feasibility Rule
11/17/2020The Michigan Occupational Safety and Health Administration (“MIOSHA”) predominantly defines the workplace safeguards employers must implement responsive to the COVID-19 pandemic, and it investigates employers’ failures to comply, leveraging citations and fines as its most convincing enforcement mechanisms. In particular,…
- Enterprise Procurement Update: USAA sues PNC for IP infringement over mobile deposit technology
10/26/2020Your company gets an intimidating letter from a courier. It has to be signed for. It is stamped with terms like “legal,” “confidential,” “urgent,” and “time sensitive.” It is a legal notice informing your company that it has infringed another…
- Workplace Law Lowdown | Unemployed Michiganders are Now Eligible for an Additional $300 per Week
08/31/2020Pandemic Unemployment Assistance benefits, which afforded eligible individuals $600 in supplemental unemployment compensation benefits through much of the COVID-19 crisis, ceased on July 31, 2020. Congress failed to reach a consensus on an extension thereto, so, on August 8, 2020,…
- Workplace Law Lowdown | Governor Signs EO-172 Tightening the Symptomology Necessary for Employees to Stay Home From Work Without Repercussions
08/28/2020Gov. Gretchen Whitmer signed Executive Order 2020-172 on Thursday, Aug. 27, replacing Executive Order 2020-166. EO-172, the intent of which is to protect employees from retaliation for missing work due to COVID-19 symptoms, diagnosis or exposure, tightens the restrictions on the…
- Workplace Law Lowdown | National Labor Relations Board (NLRB) Overrules Precedent Protecting Abusive Language
07/31/2020Long-standing NLRB precedent has protected abusive and harassing language when linked to protected union activity in most instances. Many cases have even excused racist and/or sexist language when used during an organizing campaign or while otherwise used while engaging in…
- Workplace Law Lowdown | Governor Whitmer Amends MI Safe Start Order to Limit Indoor Gatherings, Close Bars and Open Casinos
07/30/2020Yesterday evening July 29, 2020, citing a recent increase in COVID-19 cases, Governor Whitmer issued Executive Orders 2020-160 & 2020-161 (the “Orders”), taking effect July 31. Indoor & Outdoor Gatherings All indoor gatherings statewide (public and private) are now limited…
- Workplace Law Lowdown: Michigan Court of Appeals Lets Non-Solicitation Case Go Forward Even Though Customer Initiated Contact
07/16/2020Former employees are not shielded from enforcement of non-solicitation agreements simply because the customer initiated the business contact, the Michigan Court of Appeals has determined in Total Quality, Inc. v. Fewless, et al., Case No. 346409 (Mich Ct App, July…
- Workplace Law Lowdown: EO No. 2020-147
07/10/2020Hours ago, Governor Gretchen Whitmer issued an Executive Order (EO No. 2020-147) in response to the increase in COVID-19 cases Michigan is experiencing. The Order expands on the specifics of when and where a mask is required, and also implements…
- Workplace Law Lowdown: Supreme Court of the United States Issues Landmark Ruling on LGBTQ Rights
06/16/2020On June 15, the United States Supreme Court issued a landmark opinion reversing one circuit court of appeals holding and affirming two others with its ruling that the Title VII of the Civil Rights Act of 1964, does indeed protect…
- Workplace Law Lowdown | Q&A: Important Information for Employers Regarding Upcoming Changes to Michigan No-Fault Law
06/01/2020Michigan enacted legislation significantly changing the No-Fault Act. For Michigan employers and residents the changes will have an impact on their premiums, benefits, and selection of policies. Some of the most important changes are addressed below. Q: What is the…
- Workplace Law Lowdown | COVID-19 Effects on Summer Vacation: Considerations for Employers in Response to Vacation Requests
05/27/2020With summer in sight, Michigan employers can expect to receive an uptick in vacation requests. However, a patchwork of administrative guidance and executive and county orders may pose unforeseen consequences when employees try to return from their travels. Daily…
- Workplace Law Lowdown | Q&A - Coronavirus and Safety
03/17/2020We have received multiple safety questions related to Coronavirus. The following Q&A may help with issues you are facing in the workplace. Question: Could an employee refuse to come to work for fear of Coronavirus infection? Answer: Under the NLRA, an…
- Workplace Law Lowdown | U.S. House Passes Coronavirus Relief Bill
03/16/2020The House passed the Families First Coronavirus Response Act on March 14, 2020, in an effort to cushion the blow of the coronavirus outbreak. The Senate is likely to pass the bill or offer modifications this week. Below is a…
- Workplace Law Lowdown | Q&A - Coronavirus FMLA, ADA and Attendance Implications
03/16/2020We received multiple questions about the implications of the FMLA and ADO and the Coronavirus. The following Q&A may help with issues you may be facing in the workplace. Question: Is Coronavirus an FMLA-covered serious health condition? Answer: Determine whether the…
- Workplace Law Lowdown | Coronavirus Declared a Pandemic - What Are the ADA Implications?
03/13/2020On March 11, 2020, the Director of the World Health Organization (“WHO”) confirmed, “We have . . . made the assessment that COVID-19 can be characterized as a pandemic.” The WHO had previously been reluctant to implement the “pandemic” moniker,…
- Workplace Law Lowdown | Part II - Staffing Decisions and the Coronavirus: How to Address Employees' Concerns and Keep Your Workforce Healthy
03/12/2020As Bodman continues to receive questions about staffing in light of the COVID-19 (“Coronavirus”) outbreak, we have prepared additional scenarios that you may encounter with suggested approaches to handling them. In general, employers should remind their employees to wash their…
- Workplace Law Lowdown: Staffing Decisions and the Coronavirus: How to Address Employees' Concerns and Keep Your Workforce Healthy
03/09/2020As Bodman continues to receive questions about staffing in light of the COVID-19 (“Coronavirus”) outbreak, we have prepared some scenarios that you may encounter with some suggested approaches to handling them. In general, employers should remind their employees to wash…
- Workplace Law Lowdown | Preparing For the Coronavirus: Michigan's Paid Medical Leave Act Implications
03/04/2020With the number of reported cases of the Coronavirus increasing each day, and at least one state declaring a public health emergency, employers in Michigan should be mindful of their legal obligations. In effect for a year now, Michigan’s Paid…