Earlier this week, the Michigan Court of Appeals released its unpublished decision in Burkhardt v Flint Community Schools.  The Plaintiffs were two experienced, female, white teachers who alleged that they were discriminated against on the basis of age, sex, and race in violation of the Elliott‑Larsen Civil Rights Act (ELCRA). Plaintiffs were teachers at […]

  In January, the U.S. Department of Labor released a final rule to aid employers in determining whether they may be “joint employers.”  The rule took effect on March 16, 2020.  Prior to its release, DOL’s previous regulation on the topic had not been updated for over 60 years. Joint employer status is particularly important […]

In response to the C-19 pandemic, we are seeing an increasing number of employee benefit questions.  Many of those questions center on employees’ eligibility under employer-sponsored health and welfare benefit plans during furloughs, and ways that employers can provide financial assistance to employees using employee benefit programs. Because of these questions, we will be touching […]

  Executive Order 2020-15 Permits Electronic School Board Meetings; Excuses Schools Boards from Monthly Meeting Requirements On March 18, 2020, Governor Whitmer signed Executive Order No. 2020-15 which allows all public bodies, including school boards, to conduct meetings electronically so long as members of the public can communicate with the board during the meetings.  Alternatively, […]

  On February 27, 2020, the Sixth Circuit — the appellate court that exercises federal control over Michigan and a handful of other states — released its opinion in Fisher v Nissan North America, Inc, ___ F3d ___ (CA 6, 2020).  The plaintiff (Fisher) argued that the defendant (Nissan) failed to accommodate Fisher’s disability and […]

  How does a school district provide a free appropriate public education (FAPE) to eligible students during a school closure?  The United States Department of Education (DOE) issued a Q&A addressing some common questions.  The Q&A, while helpful, stresses that it is an informal guidance document, not a binding statement of law. The Q&A confirms […]

Now that there are confirmed cases of COVID-19 in more than 35 states and the WHO has classified COVID-19 as a pandemic, you’re bound to field questions from your employees about what they should do and how it affects them.  Obvious answers include singing “Happy Birthday” twice (preferably not out loud if you’re anything like […]

  This document is intended to support school administrators responding to a potential crisis about which there is already a great deal of armchair quarterbacking, rumors, and fear.  While we are primarily focused on legal concerns, our intent is to distill the current information from numerous government sources and add it to our legal knowledge, […]

What is Coronavirus?  COVID-19 (Coronavirus) usually causes respiratory illness. Common signs of infection include respiratory symptoms, fever, cough, shortness of breath and breathing difficulties. The World Health Organization (WHO) has declared the outbreak a public health emergency of international concern. What are some key legal employment issues related to Coronavirus and the workplace? Occupational Safety […]

  The Michigan Court of Appeals recently released its opinion in Disabatino v Grand Blanc Community Schools (No. 346581), a case involving allegations of false imprisonment, gross negligence, and violations of the Michigan Persons with Disabilities Civil Rights Act (PWDCRA).  The salient facts are as follows:  Theodore Basing, a Grand Blanc teacher, was teaching the […]