SCOTUS
23 June 2021

United States Supreme Court Hands First Amendme...

For decades, school administrators have worked under the Tinker standard – i.e., the principle that on‑campus student free speech can only be disciplined where it causes a substantial disruption to the school environment.  Since then, the Supreme Court has weighed in on only a few student speech cases and, until today, those cases did not generally directly […]

23 June 2021

Episode 4 – Is It Time To Re-Evaluate You...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss what companies should consider if they are thinking about changing their marijuana rules because of the tight labor market. You can also listen to this and future episodes by subscribing to “The Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google Podcasts

18 June 2021

OCR Guidance Confirms Title IX Protects LGBTQ+ ...

Earlier this week, the U.S. Department of Education Office of Civil Rights (OCR) released interpretive guidance confirming that Title IX, the federal law that prohibits discrimination against students and school district employees on the basis of sex in education programs or activities, also prohibits harassment and discrimination based on an individual’s sexual orientation or gender […]

27 May 2021

New Jersey Supreme Court to Hear Catholic Schoo...

On May 18, 2021 the Supreme Court of New Jersey agreed to hear a Catholic school teacher’s gender bias suit.  The case, Crisitello v. St. Theresa School, has circulated multiple times amongst the lower courts, and now the Supreme Court of New Jersey will determine whether Petitioner, Crisitello, was terminated in violation of the New […]

26 May 2021

Episode 3 – Policies for employees who do...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss managing employees who do not work in the office, and suggest best practices for remote work policies, including some new rules based on what we’ve learned during the pandemic. For employers who now have remote workers in other states, they also discuss Miller Johnson’s Compliance […]

Michigan Court of Appeals Building Interior
21 May 2021

Michigan Court of Appeals Closes Potential FOIA...

Last week, the Michigan Court of Appeals published its decision in Traverse City Record-Eagle v Traverse City Area Public Schools Board of Education, a case involving a significant loophole in the way the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA) interact. Shortly after the hiring of Traverse City Area Public Schools […]

12 May 2021

Episode 2 – Remote, Full Office or Hybrid...

Weighing remote and in-person options for your organization? Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey review what companies like Citigroup, Apple, TIAA and Ford are planning. You can also listen to this and future episodes by subscribing to “The Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google Podcasts

Michigan Court of Appeals Building Interior
19 April 2021

Michigan Court of Appeals Allows Teacher Aide t...

The Michigan Court of Appeals recently released its unpublished opinion in Harlan v Detroit Public Schools Community School District, a case involving a teacher’s aide (Harlan) who was terminated for allegedly falsifying a report of assault committed by a student.   The pertinent facts are as follows. At the end of the school day, Harlan […]

14 April 2021

Episode 1 – Introducing: Lawyers Off the ...

Employment Lawyers Talk Off the Clock with Rebecca Strauss and Sarah Willey features real conversations between employment and labor lawyers on the hot topics employers face on a daily basis. Join to watch Rebecca and Sarah as they discuss workforce issues from hiring, retention, safety and health to policy interpretations on PTO, leave, and personnel […]

12 April 2021

Sixth Circuit Allows Professor to Move Forward ...

In a recent case, Meriwether v. Hartop, the U.S. Court of Appeals for the Sixth Circuit addressed the important issue of pronoun policies in educational settings.  Meriwether, a professor at Shawnee State University, objected to a university policy requiring employees to refer to students by their preferred pronouns.  Meriwether sought an accommodation for his sincerely held […]