In Hawkins, et al. v. Cintas Corp., No. 21-3156, __ F.4d __ (2022), plaintiffs brought a class action pursuant to Section 502(a)(2) of the Employee Retirement Income Security Act (ERISA), alleging that their former employer...more
4/29/2022
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Mandatory Arbitration Clauses ,
Plan Participants ,
Retirement Plan
On February 4, 2022, Michigan Attorney General Dana Nessel opined that the Americans with Disabilities Act (the "ADA") requires public bodies to afford an individual with a disability a reasonable accommodation to participate...more
KEY TAKEAWAYS -
..Plan fiduciaries have a duty of prudence to independently evaluate on an ongoing basis investments offered in a plan’s menu of options and remove any imprudent ones.
..Plan participants’ ultimate...more
1/28/2022
/ 401k ,
Benefit Plan Sponsors ,
Class Action ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fees ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Plan Participants ,
Remand ,
Retirement Plan ,
Retirement Plan Providers ,
SCOTUS
Key Takeaways -
..The Supreme Court stayed OSHA's Vaccination or Testing ETS, but state/local requirements may apply, employers may still have policies requiring COVID-19 vaccination or testing, and employers still have a...more
1/17/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more
12/20/2021
/ Appeals ,
Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Time Extensions ,
Vaccinations
Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more
11/15/2021
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
OSHA ,
Public Health ,
Statutory Authority ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On September 9, 2021, the White House announced a COVID-19 Plan that contains a comprehensive national strategy to address the rise in COVID-19 cases caused by the delta variant. The strategy employs six detailed points of...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
Infectious Diseases ,
Loan Forgiveness ,
Masks ,
OSHA ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Private Sector ,
Public Employees ,
Public Schools ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On June 17, 2021, the Michigan Department of Health and Human Services issued a Recission of Emergency Orders. Finding that the COVID-19 positivity rates, case rates, hospitalization and death numbers have decreased, along...more
On June 10, 2021, the federal Occupational Safety and Health Administration (OSHA) updated its guidance entitled Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to reflect the...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, concerning...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Incentives ,
Pregnancy ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Vaccinations
On May 24, 2021, Governor Whitmer announced updates to MIOSHA's COVID-19 emergency rules, which supersede the prior version filed on October 14, 2020, and extended on April 13, 2021. The updated rules are set to remain in...more
Updated: On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing a proposed Trump-era independent contractor rule that would have made it easier to classify workers as independent contractors under...more
With nearly 34 million people, or more than one in 10 Americans, fully vaccinated against COVID-19, most employers can expect vaccination to soon become available to their general workforce. Besides being eager to return to...more
3/15/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Fourteenth Amendment ,
GINA ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
UPDATED: The U.S. Department of Labor Wage and Hour Division has announced that the final rule on independent contractor status' effective date is delayed until May 7, 2021 “to allow the Department to review issues of law,...more
On January 6, 2021, the U.S. Department of Labor finalized its rule concerning the classification of workers as employees or independent contractors under the Fair Labor Standards Act (FLSA), which is scheduled to be...more
On December 16, 2020, the Michigan Senate passed bills designed to allow college athletes to receive compensation for the use of their names, images, or likeness rights. House Bill 5217 would make it unlawful for colleges or...more
With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Medical Examinations ,
NLRA ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On December 7, 2020, the Michigan Department of Health and Human Services (MDHHS) issued the latest Gatherings and Face Mask Order. This new order effectively extends the gathering restrictions, the face mask mandate, and the...more
Michigan Governor Gretchen Whitmer signed into law several bills on October 22, 2020, including those providing a liability shield to individuals and entities that comply with COVID-19-related government directives and...more
Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the...more
As stay-home restrictions are lifted, many states and local governments are permitting businesses to open only if they are able to screen workers for symptoms of the coronavirus. Employers are put in a position to juggle work...more
Michigan Governor Gretchen Whitmer signed Executive Order 2020-110 on June 1, 2020, which rescinded the stay-at-home order, EO 2020-96, but continued limitations on certain activities.
What is New in Executive Order...more
On May 21, 2020, Michigan Governor Gretchen Whitmer signed Executive Orders 2020-96 and 2020-97. EO 2020-96 rescinds and reaffirms the measures set forth in the revised stay home order issued earlier in the week, EO 2020-92....more
On May 18, 2020, Michigan Governor Gretchen Whitmer signed executive orders 2020-91 and 2020-92, revising the state's Stay Home, Stay Safe Order and advancing the process to resume in-person work and activities that were...more
Final Rule Includes Significant Changes to Grievance Procedures and Requires Live Hearings in all Formal Complaints of Sexual Harassment at Post-Secondary Institutions -
The United States Department of Education’s Office...more