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
The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more
7/16/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Compliance ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Polygraph Protection Act (EPPA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Field Assistance Bulletins ,
Wage and Hour
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
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
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effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018.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
On February 5, National Labor Relations Board (NLRB) Regional Director Laura Sacks ordered a representation election to be held to determine if the Dartmouth University Men’s Basketball team will be represented by the Service...more
On January 10, 2023, the U.S. Department of Labor (DOL) published the final version of the Independent Contractor rule under the Fair Labor Standards Act (FLSA) proposed in October 2022. The rule will take effect on March 11,...more
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
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
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
On October 30, 2023, President Biden issued an Executive Order, along with a summary Fact Sheet concerning the safe, secure, and trustworthy use of artificial intelligence (“AI”). The Order mandates various federal agencies...more
Up until now, employers have been able to use artificial intelligence (AI)-powered hiring and promotional tools without worry about compliance with AI-specific laws. On July 5, 2023, that changed. New York City passed Local...more
On June 8, 2023, the Michigan House of Representatives voted 100-7 to pass Senate Bill 90 (SB 90), known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which amends and expands the definition of...more
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
Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more
3/23/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compensatory Damages ,
Disability Discrimination ,
Dispute Resolution ,
Due Process ,
Educational Institutions ,
Exhaustion Doctrine ,
IDEA ,
Public Schools ,
School Districts ,
SCOTUS ,
Special Education ,
Students
On March 8, 2023, the Michigan Legislature passed an amendment to the state’s Elliot-Larsen Civil Rights Act (ELCRA) that explicitly includes protections against discrimination on the basis of sexual orientation, gender...more
On October 13, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (Notice) that seeks to clarify the analysis for determining whether a worker is an employee or independent contractor. According to the...more
On April 28, 2022, the U.S. Supreme Court issued its 6-3 decision in Cummings v. Premier Rehab Keller, P.L.L.C., holding that emotional distress damages are not recoverable in a lawsuit brought under the Rehabilitation Act of...more
On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more
9/30/2021
/ Colleges ,
Corporate Counsel ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Retaliation ,
Scholarships ,
Student Athletes ,
Student Employees ,
Universities
In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
NLRA ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
On June 23, 2021, the Supreme Court held in Mahanoy Area School District v. B.L that a public school may not regulate off-campus student speech where there is no substantial disruption of school activities.
In Mahanoy, a...more
On June 21, 2021, the Supreme Court issued a unanimous decision that ends the National Collegiate Athletic Association's (NCAA) nationwide limits on education-related benefits athletes can receive for playing collegiate...more
On June 17, 2021, the Supreme Court issued two decisions that may concern employers and their businesses.
In Fulton v. City of Philadelphia, the Supreme Court unanimously ruled that Catholic Social Services (“CSS”), a...more
On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more
6/18/2021
/ Administrative Interpretation ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Colleges ,
Department of Education ,
Educational Institutions ,
Federal Funding ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Student Athletes ,
Title IX ,
Transgender ,
Universities
On December 30, 2020, the United States Department of Labor published a long-anticipated Final Rule on tip pooling and payment for side tasks by tipped employees when the tasks do not lead to tips. The Final Rule takes effect...more