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
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
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
On November 30, Michigan Governor Gretchen Whitmer signed into law several bills intended to protect voting rights and improve election procedures across the state. In November 2022, Michigan voters overwhelmingly approved...more
The Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM) that would increase the Fair Labor Standards Act’s (FLSA’s) annual salary-level threshold to $55,068 from $35,568 for white-collar exemptions to...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
In a unanimous decision (Mothering Justice, et al. v Attorney General) issued January 26, 2023, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling that the Michigan Legislature lacked the...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
The U.S. Supreme Court issued a ruling which will have wide-ranging effects on the ability of governmental entities to react to religious and other speech of public employees. In Kennedy v. Bremerton Schools, the Court ruled...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 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
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 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 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
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
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
On April 14, 2020, Governor Gretchen Whitmer issued Executive Order 2020-48 (the "Order"), extending the ability of public bodies to conduct remote public meetings through May 12, 2020. The Order rescinds Executive Order...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
On Monday, March 23, 2020, Governor Whitmer issued Executive Order No. 2020-21 (COVID-19) (the “Order”) ordering residents to remain at home to the maximum extent feasible. The Order is to “be construed broadly to prohibit...more
On March 17, 2020, Governor Gretchen Whitmer issued Executive Order 2020-15 (the "Order"), suspending "strict compliance" with Section 3 of the Open Meetings Act, 1976 PA 267 (the "Act"), until April 15, 2020 at 11:59 p.m....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
On March 16, 2020, Governor Whitmer issued an Executive Order which temporarily expands unemployment eligibility for employees impacted by COVID-19 and which provides some relief from the burden of benefits for employers who...more
The Michigan House of Representatives introduced legislation that would allow college athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation.
Michigan House Bill No. 5217...more
11/12/2019
/ Athletes ,
College Athletes ,
Colleges ,
Compensation ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Pay-To-Play ,
Proposed Legislation ,
Scholarships ,
State Labor Laws ,
Title IX ,
Universities
After a lengthy legal debate, additional data will be required from employers who file an annual EEO-1 form. Covered employers will also have to provide that additional data retrospectively, for both 2017 and 2018, by...more
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