Human Resources and Employment Law

  • Poking through the Clouds

    August 15, 2022

    Enter the Rainbow, Part Two: The Michigan Supreme Court Protects LGBTQ Rights The end of July 2022 found Michigan’s employment landscape clouded over with all kinds of legal and financial issues relating to the ruling by the Court of Claims that the state legislature acted unconstitutionally when it adopted but then amended two 2018 ballot […]

  • UPDATE: Court Stays Enforcement of Revived Earned Sick Time Act and Minimum Wage Hike

    August 2, 2022

    Following last month’s decision from the Michigan Court of Claims effectively reinstating Michigan’s Earned Sick Time Act and Improved Workforce Opportunity Wage Act in their pre-amendment, ballot initiative form, the state defendant immediately filed a claim for appeal and moved to stay enforcement of the decision. On July 29, 2022, the Court granted a temporary […]

  • Back to the Future: Michigan Court Revives Paid Sick Leave Requirements and Minimum Wage Hike

    July 22, 2022

    On Tuesday, July 19, 2022, the Michigan Court of Claims ruled that the state legislature acted unconstitutionally when it adopted but then amended two 2018 ballot initiatives providing earned sick leave for most Michigan workers and increasing the minimum wage for all employees, eliminating the sub-minimum wage for tipped workers. In 2018 the Michigan legislature […]

  • Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Mandate

    January 13, 2022

    Today, January 13, 2022, the United States Supreme Court stayed enforcement of the Department of Labor’s Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS). As written, the ETS would require roughly 84 million workers in the private sector to either become vaccinated or submit to weekly testing at their own expense and wear […]

  • OSHA Mandates COVID-19 Vaccination or Weekly Testing for Employers with 100+ Employees

    November 4, 2021

    Today, November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) implementing President Biden’s mandate that all employers with 100 or more employees to require employees either be fully vaccinated or produce negative test results for COVID-19 on at least a weekly basis before coming to […]

  • The Death of the Non-Compete Agreement?

    July 13, 2021

    President Biden made a big splash last week with an Executive Order announcing steps to restrict or limit non-competition agreements which are prevalent in the private sector. According to the Fact Sheet issued by the White House, roughly half of all private sector businesses require at least some employees to enter non-compete agreements, affecting some […]

  • A Quick Guide to Vaccination Cards and Vaccine Incentives

    May 10, 2021

    As the State of Michigan turns toward lifting COVID-19 related restrictions that have precluded most office work and have limited the density of crowds allowed at bars, restaurants, gyms, and other public venues, many employers are wrestling with how to move forward in a way that is safe for both their employees and clients while […]

  • THE NEW COBRA SUBSIDY PROGRAM: Employer Notice and Payment Obligations

    April 9, 2021

    The recently enacted American Rescue Plan Act (“ARP”) contains an important provision affecting all private employers with 20 or more employees (and all Michigan governmental employers) that sponsor employee health insurance plans.  Below we very briefly summarize essential aspects of the new law and its most immediate impact on the obligations of employers and COBRA […]

  • Michigan Department of Health and Human Services Issues Additional Guidance on Remote Work

    November 10, 2020

    Michigan Department of Health and Human Services (MDHHS) issued new guidance on Friday, November 6, 2020, which follows MDHHS’s Emergency Order (updated on October 30th) and Michigan Occupational Safety and Health Administration (MIOSHA)’s October 14th Emergency Rules (“Rules”). In particular, the new guidance specifically states that employers should allow their employees to work from home […]

  • Privacy and Cybersecurity Issues Relating to Remote Work

    October 29, 2020

    COVID-19 has brought concerns about remote work into sharp relief and has forced employers to confront myriad challenges relating to privacy and cybersecurity. As businesses scrambled to find new ways to communicate and to safeguard data, cybercriminals wasted no time trying to take advantage of the pandemic. As soon as most states began requiring non-essential […]

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