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Total Articles: 10

Michigan Passes Paid Sick Leave Law

On September 5, 2018, Michigan became the 11th state to enact a mandatory paid sick leave law — the Earned Sick Time Act. The act was a citizen petition-initiated measure that the state legislature approved.

From Ballots to Bills: Michigan Adopts Paid Sick and Safe Time Law and Raises the Minimum Wage

On September 5, 2018, the Michigan Legislature adopted as law a proposed ballot measure that will require employers to provide their employees paid leave that can be used for “sick” and “safe” time purposes. Michigan’s Earned Sick Time Act (ESTA) is the Midwest’s first statewide paid sick and safe time (PSST) law. It follows a common theme familiar to employers subject to one or more PSST laws, but as currently written, omits some common PSST components.

Paid Leave: Coming to a Michigan Workplace Near You

On September 5, 2018, the Michigan Senate and House of Representatives adopted a citizen-initiated paid leave ballot proposal that was supposed to be put to a vote in the November 2018 general elections. Unlike the ballot initiative, which would have had immediate effect, the adopted proposal will not go into effect until 90 days after the end of the current legislative session, on or about April 1, 2019. Without immediate effect, the legislature will have an opportunity to amend the proposal after the general election in what is commonly known as the lame duck session. The advantage to employers is that the legislature and Governor Rick Snyder have the ability to rewrite the adopted proposal with a simple majority rather than a supermajority of 75 percent of both chambers, which would have been required had the proposal been voted into law at the polls. Essentially, this means paid leave will be required in Michigan workplaces in the spring of 2019.

Mid-Year Michigan Legislative Update

The Michigan Legislature has been busy during the first six months of 2018, addressing several issues that will impact employers across the state. Perhaps most significantly, the Michigan Legislature may send the issue of mandatory paid sick time to voters on their November ballot following the submission of over 380,000 signatures in support of the measure. Also, after a contentious ballot initiative process that made its way to the state Supreme Court, the Michigan Legislature repealed the state’s prevailing wage law, ensuring that future public works projects will no longer need to comply with prevailing wage requirements. Finally, the Michigan Legislature amended the state’s Wage and Fringe Benefit Act to clarify compliance for employers that pay employees on a monthly basis. Additional details on these developments can be found below.

Michigan Commission Includes Gender Identity, Sexual Orientation in Sex Discrimination

The Michigan Civil Rights Commission has voted to issue an "interpretive statement" to extend protections under the state's Elliott-Larson Civil Rights Act (ELCRA) to the LGBT community. The statement clarifies that discrimination on the basis of sex includes discrimination on the basis of gender identity and sexual orientation.

A Ban on Salary History Bans: Michigan Bars Local Governments from Prohibiting Such Inquiries

On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prevents local governments from regulating the questions employers may ask of applicants during job interviews. The bill amends a 2015 law that prohibited local governments from banning salary history inquiries on job applications.

Michigan Expands its Preemption Law to Cover Interview Limitations

On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. Public Act 84 amends the Local Government Labor Regulatory Limitation Act (MCL §123.1384), passed in 2015, which imposes a similar restriction on local governments regarding the information employers can request on an employment application.

Michigan Minimum Wage to Increase From $8.90 to $9.25

Effective January 1, 2018, the Michigan minimum wage will increase to $9.25 an hour. This is the last of the scheduled increases under Public Act 138 of 2014. Beginning in January of 2019, annual adjustments to the minimum wage will be made based on the unemployment rate and consumer price index, and any future increases cannot exceed three-and-one-half percent.

Michigan Civil Rights Poster Has Been Updated

The Michigan Department of Civil Rights has updated a poster that employers must post at their Michigan work sites. The poster—Michigan Law Prohibits Discrimination—is a required posting under the Michigan Elliott Larsen Civil Rights Act and the Michigan Persons with Disabilities Civil Rights Act (MPWDA). The new poster was recently released and has reinserted language addressing accommodation under the MPWDA that had been eliminated in 2011. The new poster now states that “Persons with disabilities needing accommodation for employment must notify their employers in writing within 182 days.”

Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment

A business dispute in Michigan may provide insight into the consideration required to support a noncompete contract restricting future employment. Innovation Ventures, LLC v. Liquid Manufacturing, LLC, No. 150591, Michigan Supreme Court (July 24, 2016).