Total Articles: 35
Ogletree Deakins • September 08, 2019
On August 29, 2019, legislators from the Michigan House of Representatives announced an ambitious package of 12 bills aimed at creating new criminal and civil penalties to combat employers that fail to properly pay wages and overtime pay. The legislation would also establish enhanced protections and penalties under Michigan’s whistleblower statute and create new civil remedies against employers for overzealous enforcement of noncompete agreements and for misclassifying employees as independent contractors.
Ogletree Deakins • March 20, 2019
On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of marijuana in all circumstances, nor does it create a protected class for users of medical marijuana.”
Littler Mendelson, P.C. • February 24, 2019
In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test. Eplee v. City of Lansing, 2019 Mich. App. LEXIS 277 (Feb. 19, 2019). This is at least the second decision involving failed drug tests, medical marijuana, and the MMMA; both were decided in the employer’s favor.
Ogletree Deakins • February 19, 2019
Employers in Michigan have been on a roller coaster ride over the last several months regarding new paid sick leave and minimum wage requirements.
Fisher Phillips • January 31, 2019
In one of his last acts in office, former Governor Rick Snyder signed Michigan’s Paid Medical Leave Act into law, which will for the first time require employers in the state to provide paid sick leave to their workforces. Although the statute was just signed on December 14, the effective date of the new law is right around the corner: March 29, 2019. What do employers need to know about this significant development?
Ogletree Deakins • January 20, 2019
Hitting the ground running, Michigan’s new governor, Gretchen Whitmer, has imposed new requirements in the employment arena—but only for executive branch state employees and some contractors and grant and loan recipients. This could be a sign of things to come for employers everywhere in Michigan, or at least a sign of building momentum within the state government.
Jackson Lewis P.C. • January 13, 2019
One week after taking office, Michigan Governor Gretchen Whitmer signed a directive that prohibits state departments and agencies from asking about current or previous salaries until after extending a conditional offer of employment with proposed salary. Executive Directive No. 2019-10, intended to ensure equal pay for equal work among state employees, went into effect immediately upon receiving the governor’s signature on January 8, 2019.
Ogletree Deakins • January 08, 2019
On December 27, 2018, as one of his last acts in office, term-limited Michigan governor Rick Snyder signed an executive directive which will extend sexual orientation discrimination protection to a number of private employees. The governor’s executive directive, which is an order dictating how statewide executive branch departments and agencies are to act, requires all such departments and agencies to include covenants in procurement contracts prohibiting any contractor or subcontractor from discriminating against an employee or applicant for employment on the basis of sexual orientation or “gender identity or expression.” Such a prohibition must also be a condition for any grant or loan involving state funds to a public or private entity. The directive became immediately effective for all contracts, grants, or loans made or modified after December 27, 2018.
Ogletree Deakins • December 31, 2018
On December 14, Michigan Governor Rick Snyder signed the Paid Medical Leave Act into law. The act requires covered employers to provide paid sick leave to many of their Michigan-based employees. Below are answers to frequently asked questions about the new law.
Jackson Lewis P.C. • December 28, 2018
Michigan joined other states with paid sick leave laws on September 5, 2018, enacting the Earned Sick Time Act. Now, amidst political controversy, the Earned Sick Time Act (which never became effective) has been amended and renamed the Michigan Paid Medical Leave Act. The Act requires employers in Michigan to provide their employees with accrued paid leave to use for their own or their family members’ medical needs and for purposes related to domestic violence and sexual assault.
Littler Mendelson, P.C. • December 28, 2018
On December 14, 2018, Michigan’s employment law landscape dramatically changed—again—when Michigan Governor Rick Snyder (R) signed Senate Bills (SB) 1171 and 1175. These lame duck session bills overhaul the recently revised minimum wage and tip law and newly created paid sick and safe time law, respectively. Earlier this year, the Republican-controlled legislature adopted as law two proposed ballot measures covering these topics. As many expected, the legislature moved swiftly after the election to amend these laws before the changes took effect. This article highlights the more notable changes.
Ogletree Deakins • December 09, 2018
On December 4, 2018, the Michigan Senate and House of Representatives passed the Paid Medical Leave Act, which makes wholesale changes to the state’s paid sick leave proposal and is on its way to Governor Rick Synder for his signature. On September 5, 2018, the two chambers adopted a citizen-initiated paid leave ballot proposal. This action removed the paid sick leave initiative from the November 2018 general elections ballot and allowed the Michigan Senate and House to craft changes that protect the core concept of paid leave while making the law less administratively difficult for Michigan employers. For example, the substitute bill limits the scope of coverage, reduces the level of benefits, and alleviates the administrative burdens of the ballot initiative.
Ogletree Deakins • November 08, 2018
On the night of November 6, 2018, Michigan voters passed the ballot initiative known as the “Michigan Regulation and Taxation of Marihuana Act” (MRTMA) to allow the limited use and possession of marihuana. As a result, the possession and use of marihuana (up to 2.5 ounces) within a personal residence by adults over the age of 21will be legal. The proposal will also allow regulated commercial production and distribution of marihuana.
Jackson Lewis P.C. • September 17, 2018
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.
Littler Mendelson, P.C. • September 11, 2018
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.
Ogletree Deakins • September 09, 2018
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.
Littler Mendelson, P.C. • June 25, 2018
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.
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.
Jackson Lewis P.C. • April 03, 2018
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.
Littler Mendelson, P.C. • April 02, 2018
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.
Ogletree Deakins • December 19, 2017
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.
Littler Mendelson, P.C. • April 17, 2017
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.”
Ogletree Deakins • August 23, 2016
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).
Ogletree Deakins • June 17, 2016
The requirements and processes applicable to employers handling garnishments are primarily governed by state laws. Therefore, in addition to the federal Consumer Credit Protection Act (CCPA), multistate employers need to be aware of the garnishment requirements in all states. As if these issues are not enough, complicating it further for employer compliance initiatives is the fact that state legislatures frequently tweak garnishment requirements and processes. During the past several months, six states have made noteworthy changes to their garnishment laws and two states made major changes. This two part-series covers the changes to the garnishment laws in Michigan, Georgia, Tennessee, California, South Dakota, and West Virginia.
Littler Mendelson, P.C. • March 28, 2016
On March 22, 2016, Michigan joined Wisconsin, Texas, Louisiana, and Tennessee by amending its Franchise Investment Law to make it clear that unless otherwise specifically provided for in the franchise agreement, a franchisee is considered the sole employer of workers to whom it pays wages or provides a benefit plan.1 This amendment – one of six bills signed into law by Governor Rick Snyder since December 2015 – is designed to protect franchisors in the wake of the uncertainty created by the National Labor Relations Board’s ruling in Browning-Ferris Industries of California, Inc.2 pertaining to when a company may be considered a joint employer.
Effective immediately, municipalities in Michigan are prohibited from regulating the terms and conditions of employment for private employers. The state's Local Government Labor Regulatory Limitation Act specifically declares that regulation of the employment relationship between a private employer and its employees is a state matter and, consequently, outside the express or implied authority of local government bodies. Therefore, any local wage theft, "ban the box" or paid sick leave protections will be preempted under the new state law.
Ogletree Deakins • November 11, 2014
On October 23, 2014, the Michigan Court of Appeals ruled that employees discharged for having failed a drug test because of their medical marijuana use are not disqualified from receiving unemployment benefits.
Ogletree Deakins • March 05, 2014
An order for a wage garnishment is surprisingly complex to administer and very risky for employers. For instance, if an employer does not answer a garnishment within 14 days or do any other act required by the court, it is subject to a judgment against it for the full amount of the employee’s debt. The employee’s debt may be small, in the range of several hundred or several thousand dollars. But they are not all small—in one case a court entered a default judgment against an employer for being late on a disclosure in the amount of $596,000.
Ogletree Deakins • January 07, 2013
The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of 2012)(IPPA). The Act was signed by Governor Rick Snyder on December 27, 2012, as part of a flurry of late session legislative activity and given immediate effect.
Brody and Associates, LLC • January 04, 2013
Employees in Michigan can now opt out of joining and paying dues to unions without sacrificing their jobs.
Ogletree Deakins • December 14, 2012
As expected and amid demonstrations by thousands of union supporters, the Michigan House of Representatives passed SB 116 and HB 4003, and both bills were signed by Governor Rick Snyder. Now officially known as PA 348 of 2012 and PA 349 of 2012, respectively, these Acts provide both private and public sector employees with the right to either join a union and pay dues or refrain from doing so.
Fisher Phillips • December 13, 2012
The Michigan legislature voted on December 11, 2012 to pass controversial right-to-work legislation affecting private and public sector employees throughout the historically union-friendly state. The legislation, which was signed almost immediately into law by Governor Rick Snyder, is a striking blow to Michigan’s organized labor movement, particularly in the automotive industry. The new laws are expected to take effect as soon as April 2013.
Goldberg Segalla LLP • December 13, 2012
Approximately 17.5 percent of Michigan workers are dues-paying union members, making it the fifth most unionized state in the nation. Michigan is one of the least likely candidates to adopt right-to-work legislation. However, on Tuesday, December 11, 2012, the Republican Governor of Michigan, Rick Snyder, signed Public Acts 348 and 349 of 2012 into law, making Michigan the twenty-forth right-to-work state. This is a stunning development in the home state of the United Auto Workers (UAW), considered to be a strong, pro-labor state.
Ogletree Deakins • December 11, 2012
On December 6, 2012, the Michigan Senate passed two bills (SB 116 and HB 4003) and the House passed one bill (HB 4052), making Michigan poised to become the 24th state with a right-to-work law. These bills would prohibit any requirement that employees be forced to join a union or pay an agency fee to a union as a term or condition of employment. SB 116 and HB 4052 are identical and apply to private sector employees. While HB 4003 applies to public sector employees, it creates an exemption for police and firefighters from the right-to-work provisions. Even though it was passed by the House, HB 4052 has not been reported to the Senate for procedural reasons. Nevertheless, the House is expected to pass SB 116 and HB 4003, as amended by the Senate, and Governor Rick Snyder has indicated that he will sign the bills if they reach his desk.
Ogletree Deakins • August 19, 2008
The production of otherwise-confidential documents in employment discrimination cases continues to be addressed by federal courts at an increasing rate. The issue typically pits state-law protection for “peer review” documents against federal anti-discrimination laws and regulations, and has generated growing controversy among health care providers who routinely rely on the state-law protection afforded to such information. A federal district court in Michigan recently addressed a plaintiff/physician’s discovery subpoena to a non-party hospital for peer review records of “similarly situated” physicians, and granted that hospital‘s motion to quash the subpoena. The court skirted the issue of state-law peer review protections, however, by simply finding that the documents requested were “not relevant” in the discovery phase of the case.