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Michigan Temporarily Expands Unemployment Eligibility and Shifts Cost for Benefits

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

Michigan Introduces Legislation to Permit Likeness/Image Compensation for Student Athletes

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

Additional Pay Data Must Be Submitted by September 30, 2019 for EEO-1 Filers

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

Paid Medical Leave Act, Minimum Wage Increase Take Effect

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

Michigan Court Confirms that Public Employers May Enforce Zero-Tolerance Drug Policies

The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more

Department of Education Proposes New Rules to Govern Title IX Compliance

The Department of Education has issued a Notice of Proposed Rule Making to amend the federal regulations governing Title IX compliance. The proposed rules would replace prior guidance and represent a radically different...more

Attorney General Opines That Civil Rights Commission Exceeded Its Jurisdiction by Issuing Interpretive Statement

As previously reported by Miller Canfield, the Michigan Civil Rights Commission voted on May 21, 2018, to expand its interpretation of the Michigan Elliott-Larsen Civil Rights Act ("ELCRA") to prohibit discrimination based on...more

Michigan Civil Rights Commission to Process Discrimination Complaints Based on Sexual Orientation and Gender Identity

The Michigan Civil Rights Commission has voted to expand its interpretation of the Michigan Elliott-Larsen Civil Rights Act ("ELCRA") to include discrimination based on sexual orientation and gender identity. At the...more

Candidates, Committees May Directly Solicit Unlimited Contributions to 'Super PACs'

As candidates begin to ramp up fundraising efforts ahead of the November 2018 elections, state and local candidates in Michigan now have new tools in their arsenal to support their efforts, albeit indirectly, after the...more

NLRB Regional Director Orders Union Election in a Unit of Undergraduate Employees

On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at...more

Court of Appeals Holds Email Deliberations Among a “Quorum" of a Public Body Violates the Open Meetings Act

The Michigan Court of Appeals has ruled that email deliberations among a quorum of public body members violates the Open Meetings Act. The Nov. 1, 2016, unpublished opinion was issued by a three-judge panel in the case of...more

Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,...more

New Overtime Rules Issued: Employers Must Review Status By Year-End

On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional...more

Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred...more

New Law Limits Ability of Local Governments and School Districts to Communicate Regarding Ballot Questions

On January 6, 2016, Governor Rick Snyder signed into law Public Act 269 of 2015 (“Act 269”), which amends the Michigan Campaign Finance Act, Act 388, Public Acts of Michigan, 1976, as amended (“Act 388”). Among other...more

EEOC Proposed GINA Regulations Permit Limited Wellness Plan Incentives In Exchange For Spousal Health Data

The Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) on October 30, 2015 to amend the federal regulations implementing Title II of the Genetic Information Nondiscrimination Act...more

Michigan Governor Signs Law Eliminating February Regular Elections

Michigan Governor Snyder signed a series of bills on June 30, 2015 amending the Michigan Election Law. The legislation eliminates the regular election date on the fourth Tuesday in February, as well as the March election in...more

7/7/2015  /  Election Laws

OSHA Releases Guidance on Restroom Access for Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires employers to provide all employees with easy access to clean restrooms. In response to increasing concerns and confusion over requests from transgender...more

Significant Changes to Michigan FOIA Laws Coming In July

Michigan governmental entities will face significant new regulations on how they charge for responses to Freedom of Information Act (FOIA) requests beginning July 1, 2015. ...more

Michigan Court of Appeals Approves Health Benefits for Unrelated Co-Residents of State Employees

On January 8, 2013, the Michigan Court of Appeals, in a two-to-one decision, held that the Michigan Civil Service Commission could extend eligibility in the State Health Plan to “other eligible adult individuals” (OEAI) who...more

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