On June 8, 2023, the 11th Circuit Court of Appeals held that military leave is comparable to paid administrative leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). In doing so, the 11th Circuit joined the 3rd, 7th, and 9th Circuits...
Recently, Michigan amended the Elliott-Larsen Civil Rights Act (ELCRA) to expand employee protections in the areas of race and sex. On June 15, 2023, Governor Gretchen Whitmer signed Michigan’s version of the “Creating a Respectful and Open World for Natural Hair Act” (CROWN Act) into...
On March 24, 2023, Governor Whitmer signed legislation which repeals Michigan’s Freedom to Work (FTW) law. The FTW law was passed in 2013 and prohibited labor agreements from having terms forcing employees to pay union dues as a condition of employment. Stated differently, under FTW,...
The National Labor Relations Board (the “NLRB” or the “Board”) recently issued two important decisions, one finding unlawful non-disparagement and confidentiality provisions typically found in separation agreements, and the other protecting employees who make secret recordings at work. These decisions continue a trend by the...
On December 29, 2022, President Joe Biden signed a $1.7 trillion spending bill into law that included a pair of amendments which significantly change civil rights laws affecting new and expecting mothers. Below is a synopsis of the new laws. The Pregnant Workers Fairness Act (“PWFA”): The...
Today, January 26, 2023, the Michigan Court of Appeals ruled that the Michigan Legislature’s 2018 decision to adopt and then amend two ballot initiatives during the same legislative session did not violate the Michigan Constitution. As originally adopted, the two ballot initiatives, the Improved Workforce...
In 2018, special interest groups began gathering signatures for two ballot initiatives, the Improved Workforce Opportunity Wage Act (the “IWOWA”) and the Earned Sick Time Act (the “ESTA”). The IWOWA sought to raise the minimum wage, whereas, the ESTA sought to provide employees of businesses...
In its August 29, 2022, Tesla, Inc. decision, the National Labor Relations Board (“Board”) held that Tesla’s employee dress code violated Section 7 of the National Labor Relations Act (“NLRA”). Under Section 7, employees have a right to communicate with one another about union organizing. ...
UPDATE: On Friday, July 29, the Court of Claims agreed to stay enforcement of its July 19, 2022, order until February 19, 2023. This means that, for now, employers can continue their current minimum wage and paid sick leave practices. Our law office...
Recently, the Michigan Supreme Court issued an opinion in an age discrimination case which further clarified the summary disposition standard in Michigan. Under MCR 2.116(C)(10), a court’s role in deciding a motion for summary disposition is limited. More specifically, courts can only consider whether a...