Latest Publications

Share:

Michigan Supreme Court Revives Voter-Initiated Minimum Wage, Sick Leave Laws

On July 31, 2024, the Michigan Supreme Court revived two 2018 voter-initiated laws aimed at increasing the state’s minimum wage and expanding earned sick time for workers. ...more

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more

NLRB Issues New Rules on Union Representation

On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes...more

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

Michigan Supreme Court Poised to Rule on Constitutionality of Controversial ‘Adopt-and-Amend’ Policy - What Will It Mean for...

The Michigan Constitution allows voters to initiate ballot measures to change or propose new laws. These citizen initiatives are made outside of the Legislature, enabling ordinary voters to create policy through the ballot. ...more

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

National Business Associations File Suit to Block New DOL Overtime Rule

On May 22, 2024, a group of national business associations filed a lawsuit seeking to prevent the U.S. Department of Labor (“DOL”) from implementing its new Final Rule on overtime. As we noted in our prior alert, the new rule...more

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Hard Bargaining or Unlawful Bargaining: What A Difference A Board Member Makes

The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55...more

U.S. Department of Education: Highly Anticipated Title IX Regulations Published, Compliance Required by August 1, 2024

On April 19, 2024, the United States Department of Education’s Office for Civil Rights (“DOE”) issued its long-awaited and lengthy Final Title IX regulations (the “2024 Final Rule”). The 2024 Final Rule requires that all...more

U.S. Supreme Court: Forced Transfers of Employees Without Loss of Pay or Rank Violate Title VII

Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a...more

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

New Prevailing Wage Requirements for Charter School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. ...more

New Michigan Law: Act 312 Compulsory Arbitration to Now Include Higher Education Police Officers

Effective January 22, 2024, Michigan’s law on compulsory arbitration of public labor disputes will be officially amended to include police officers employed by higher education institutions....more

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest

On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 WL 8431635 (for...more

Michigan Governor Whitmer Signs into Law Major K-12 Teacher Performance Evaluations Reforms

On November 22, 2023, Michigan Governor Gretchen E. Whitmer signed into law two bills (SB 395 & SB 396) reforming the teacher and school administrator evaluation processes at K-12 schools. The new legislation introduces...more

Sixth Circuit Title IX Decision: Schools Must Consider Post-Incident Student-on-Student Cyberbullying/Electronic Harassment or...

On November 15, 2023, the U.S. Court of Appeals for the Sixth Circuit issued a decision that underscores the importance of ensuring proper steps are taken when Title IX complaints are first received by a school for sexual...more

Sixth Circuit Rejects Challenge to Michigan Constitutional Amendment Prohibiting Public Funds for Private Schools

On November 6, 2023, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to a 1970 amendment to the Michigan Constitution that prohibits payment of “public monies” to private schools. Believing that the...more

Important Changes to Federal Criminal Sentencing Guidelines

Effective November 1, 2023, the United States Sentencing Commission’s Amendment 821, also known as the “2023 Criminal History Amendment,” has officially become part of the federal sentencing guidelines. Thousands of...more

Howdy Stranger, You're My Employee? NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

U.S. Department of Education Proposes New Title IX Rules on Transgender Student-Athletes

On April 6, 2023, the Department of Education Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking relating to Title IX, a federal law prohibiting sex discrimination in federally funded programs. 20 U.S.C....more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide