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
In light of the recent surge of COVID-19 cases in Michigan, governmental agencies in charge of workplace safety and public health have issued several directives and guidance to employers and businesses in the hope of...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
On July 29, 2020, Michigan Gov. Gretchen Whitmer signed Executive Orders 2020-160 and 2020-161. EO 2020-160 reaffirms many of the prior restrictions while tightening some, and permits the opening of casinos and racetracks,...more
On July 8, 2020, the Supreme Court, in Our Lady of Guadalupe School v. Morrissey-Berru, held that the First Amendment bars courts from considering employment discrimination claims brought by teachers against their faith-based...more
7/10/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
St James School v Biel ,
Teachers
On June 15, 2020, the Supreme Court, in a 6-3 decision, held that Title VII prohibits employers from discharging or otherwise taking an adverse employment action against an employee solely because the employee is gay or...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
With federal and state governments’ contemplation of plans to reopen the economy, employers should begin considering necessary and recommended steps to bring employees back to the workplace, and legal issues raised by doing...more
On April 3, 2020, Michigan Governor Gretchen Whitmer signed Executive Order No. 2020-36 (the “Order). The Order requires certain individuals to stay at home even if they were otherwise allowed to leave home for work as a...more
On April 1, 2020, the Department of Labor (“DOL”) posted a temporary rule containing temporary regulations regarding the implementation of the Families First Coronavirus Response Act (“FFCRA”). The regulations became...more
The much anticipated “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES Act” was signed into law on March 27, 2020, revising some provisions of the March 18, 2020, Families First Coronavirus Response Act, as...more
The Department of Labor (“DOL”) has updated its previous guidance in Family First Coronavirus Response Act: Questions and Answers to help employees and employers understand their rights and obligations concerning paid leave...more
The Department of Labor (“DOL”) has again updated its guidance in Families First Coronavirus Response Act (“FFCRA”): Questions and Answers to address several topics concerning paid sick leave (under the Emergency Paid Sick...more
On March 18, 2020, Congress passed the "Families First Coronavirus Response Act," legislation aimed to guarantee free COVID-19 testing, increase Medicaid funding, and expand food security initiatives and support for those...more
3/19/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Pending Legislation ,
Sick Leave ,
State of Emergency ,
Tax Credits ,
Unemployment Insurance ,
Wage and Hour
The Centers for Disease Control and Prevention (CDC) has issued an interim guidance for administrators of institutions of higher education (IHE) to plan, prepare, and respond to the impact of the Coronavirus Disease 19...more
With the expected spike of absenteeism, wage and hours problems can arise during a pandemic. Employers must always keep their obligations under the Fair Labor Standard Act ("FLSA") in mind in dealing with these issues....more
The Family and Medical Leave Act -
Employers covered by the Family and Medical Leave Act ("FMLA") must allow an eligible employee to take leave due to a serious health condition of the employee or to care for the...more
Part II: Non-discrimination -
The increasing fear around COVID-19, which was first detected in China, can lead to stigmatizing Chinese or other Asian individuals. However, according to the CDC, just being Chinese or Asian...more
The Department of Labor (DOL) adopted a final rule on January 12, 2020, to revise and update its Part 791 regulation regarding joint employment status under the Fair Labor Standard Act (FLSA). This final rule will be...more
The statute of limitations of Title VII of the Civil Rights Act of 1964 cannot be contractually shortened for litigation, the Sixth Circuit held on September 25, 2019 as a matter of first impression in Logan v. MGM Grand...more
A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more
4/29/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS ,
Stolt-Nielsen
On March 29, 2019, the Improved Workforce Opportunity Wage Act (IWOWA) and the Paid Medical Leave Act (PMLA) take effect. These laws are the result of two citizen-led 2018 ballot initiatives – one raising the state's minimum...more
Employers can't delay the designation of a Family and Medical Leave Act-qualifying paid leave or provide additional FMLA leave beyond the 12-week FMLA entitlement, according to a new opinion letter issued by the Department of...more