Littler Mendelson, P.C. • December 22, 2019
On December 18, 2019, the Michigan Supreme Court issued its long-awaited decision on whether the Michigan legislature’s strategy to enact two ballot proposals (one concerning paid sick leave and the other minimum wage) and then amend those proposals before their effective dates was consistent with the Michigan Constitution.1 After studying the arguments, the Michigan Supreme Court issued a splintered opinion with four of the seven justices writing separate opinions. The lead and controlling opinion held that the court lacks jurisdiction to issue the requested advisory opinion.
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In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test.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 • January 08, 2019
In 2018, the Michigan Legislature passed two seemingly conflicting pieces of legislation addressing future minimum wage increases. Now that 2019 is here, many employers may be confused about what the changes are and when they become effective.