Michigan has reinstated its prevailing wage law, which requires the payment of wages to employees working on state-funded projects at the “prevailing wage in the locality.” This requirement was previously in place from 1965...more
On March 24, 2023, Michigan repealed its right-to-work law for private-sector employees. The right-to-work law made it unlawful for a union and an employer to agree that payment of union dues and fees are a condition of...more
The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”).
In McLaren...more
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
The National Labor Relation Act (“Act”) permits the National Labor Relations Board (“Board” or “NLRB”) to award damages to employees that put them in the financial position in which they would have been if no violation had...more
Michigan’s Elliot-Larsen Civil Rights Act (“ELCRA”) protects employees who complain about alleged unlawful activity from retaliation. In the recent Michigan Court of Appeals decision, Miller v. Michigan Department of...more
Over 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...more
In Boshaw v. Midland Brewing Company, Midland Brewing’s former restaurant operations manager, Boshaw, claimed he was terminated because of his “sexuality” in violation of Title VII and Michigan’s Elliott Larsen Civil Rights...more
The 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...more
3/17/2022
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Activity ,
Regulatory Agenda
A 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....more
On January 13, 2022, the Supreme Court issued two decisions regarding requests to enjoin rules issued by federal agencies intended to increase vaccination rates....more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that previously barred the Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard (“ETS”),...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 7, 2021, a federal court in Georgia issued a nationwide preliminary injunction against the enforcement of Executive Order 14042 and its vaccine mandate for federal contractors and subcontractors. ...more
On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more
11/17/2021
/ Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Stays ,
Unions ,
Vaccinations ,
Virus Testing
The Occupational Safety and Health Administration (“OSHA”) released its much-anticipated Emergency Temporary Standard (“ETS”), requiring “large” employers to implement COVID-19 vaccine mandates or otherwise subject...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In Sofco Erectors, Inc. v. Trustees of the Ohio Operating Engineers Pension Fund (“Sofco”) (September, 28, 2021), the Sixth Circuit Court of Appeals issued a long awaited decision regarding the appropriateness of interest...more
10/13/2021
/ Actuarial Values ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Interest Rates ,
Multiemployer Plan ,
Pension Funds ,
Pensions ,
Retirement Plan ,
Statutory Violations ,
Unions ,
Withdrawal Liability
On September 24, 2021, the Safer Federal Workforce Task Force issued guidance (“Guidance”) to federal contractors and subcontractors regarding required Covid-19 protocols. ...more
9/30/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Masks ,
Public Health Emergency ,
Regulatory Requirements ,
Social Distancing ,
Vaccinations ,
Workplace Safety
President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next? Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’...more
9/29/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next? Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’...more
On September 9, 2021, President Biden announced his new comprehensive national strategy to combat COVID-19. The action plan, entitled “Path Out of the Pandemic,” intends to further a “whole-of-government” approach by using...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
NCAA Student-Athletes (“SAs”) and companies around the country should recognize the extraordinary potential that exists in the market now that SAs control the rights of their name, image, and likeness (“NIL”). Still, the...more
8/18/2021
/ College Athletes ,
Colleges ,
Compensation ,
Endorsements ,
Exclusivity ,
Force Majeure Clause ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Pay-To-Play ,
Right of Publicity ,
Student Athletes ,
Universities
The Equal Employment Opportunity Commission has released and updated guidance over the past several months, confirming that employers are generally permitted to require the COVID-19 vaccine so long as reasonable...more
8/10/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Michigan Court of Appeals recently determined that, under the Michigan Employment Security Act (“MESA”), a three day no call, no show is a voluntary leave without good cause which disqualifies claimants from unemployment...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) pushed back the deadline to submit 2019 and 2020 workforce diversity data (“EEO-1 Reports”) to August 23, 2021. The 2019 and 2020 EEO-1 Reports will only collect...more
The Michigan Department of Health and Human Services (“MDHHS”) Emergency Orders are rescinded and the Michigan Occupational Safety and Health Administration’s (“MIOSHA”) Emergency Rules are superseded. For the general public,...more
The Occupational Safety and Health Administration (“OSHA”) published its long-awaited Emergency Temporary Standard (“ETS”) and accompanying guidance, “Protecting Workers,” on June 10, 2021. ...more
6/14/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Public Health ,
Vaccinations ,
Workplace Safety