Charles Oxender

Charles Oxender

Miller Canfield

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NLRB Again Upends Long-standing Precedent in Creating Broad New Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether...more

8/31/2015 - Browning-Ferris Industries of California Inc. Joint Employers Multi-Factor Test NLRA NLRB Right to Control Staffing Agencies Temporary Employees

NLRB Punts on College Athlete Unions

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

8/18/2015 - Collective Bargaining College Athletes Colleges Employee Definition Jurisdiction NLRA NLRB Northwestern University Sports Unions Universities

Colorado High Court Finds Smoking Medical Marijuana a Drag on Employment

The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado...more

6/18/2015 - CO Supreme Court Controlled Substances Act Disabled Drug Testing Hiring & Firing Lawful Activities Act Medical Marijuana Non-Work Hours Wrongful Termination

Michigan Passes Student-Athlete Union Ban

Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year. ...more

12/19/2014 - College Athletes Colleges Employer Liability Issues Pending Legislation Students Unions Universities

NLRB Publishes Final Rule Revising Union Election Procedures

The National Labor Relations Board has again issued its final rule revising union election procedures, which will greatly shorten the time between when the union files an election petition and when the election is held. This...more

12/16/2014 - Final Rules NLRB Quickie Election Rules Union Elections Unions

Court OKs Unemployment Benefits for Some Michigan Medical Marijuana Users

An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals...more

11/4/2014 - Medical Marijuana Unemployment Benefits

Agency Fees Can’t Be Required for Illinois Rehab Personal Assistants, SCOTUS Rules

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more

7/2/2014 - Collective Bargaining First Amendment Harris v Quinn Healthcare Home Health Care Medicaid Public Employees Right to Work SCOTUS Union Dues Unions

Supreme Court Rejects President Obama's NLRB Recess Appointments

President Barack Obama’s National Labor Relations Board (NLRB) member appointments made under the Recess Appointment Clause on January 4, 2012 were unconstitutional, the U.S. Supreme Court ruled in NLRB v. Noel Canning,...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

What Does The NLRB’s College Football Players Union Decision Mean For Other Universities?

Northwestern University scholarship football players are employees of the university for the purposes of the National Labor Relations Act (NLRA), NLRB Chicago Regional Director Peter Sung Ohr held on Wednesday. The...more

3/28/2014 - College Athletes NLRB Unions

New Michigan Public School Employee Pension Requirements Upheld

The 2012 law that changed Michigan public school employee pension requirements has been upheld by the Michigan Court of Appeals. The new requirements enacted in PA 300 of 2012 will remain in effect for the foreseeable...more

2/10/2014 - Employee Benefits Pensions Public Employees Teachers

NLRB Reissues Rules to Expedite and Streamline Representation Elections

The National Labor Relations Board has moved quickly to reissue proposed representative election rules identical to the rules the board proposed in 2011. Last month, the NLRB rescinded the original proposal, which had...more

2/7/2014 - NLRB Quickie Election Rules Unions

NLRB Update: Notice Posting and Election Rule Changes Officially Dead

Notice Posting Requirement Fight Abandoned: On January 6, 2014, the NLRB announced it will not seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the Board’s Notice Posting Rule. ...more

1/30/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements

Worker’s Comp Independent Contractor Criteria Reinterpreted by Michigan Court of Appeals

A person must meet all three statutorily defined criteria for an independent contractor in order to avoid the exclusive remedy provision of the Michigan Worker’s Disability Compensation Act (WDCA), a special panel of the...more

12/10/2013 - Independent Contractors

Michigan Becomes the 24th “Right-To-Work” State

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it...more

5/17/2013 - NLRA Right to Work

NLRB Notice Posting Requirement Violates Employers’ Right to Free Speech

The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia...more

5/10/2013 - Free Speech NLRA NLRB Notice Requirements Posting Requirements

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