FLSA exemption status always seems to cause a little bit of queasiness.  Many clients with whom we speak are concerned that they’re going to do one little thing incorrectly that will cause their exempt employees to lose their exemption status and will require the employer to pay ungodly amounts of unpaid wages and overtime.  Of […]

The 2020 presidential election season is upon us. The first presidential primaries and caucuses are in the rearview mirror and more are rapidly approaching. From now until the presidential election in November 2020, politics will become even more of a mainstay in our lives than it already has become in this age of 24-hour news, […]

  The Sixth Circuit Court of Appeals, which exercises federal jurisdiction over Michigan and a handful of nearby states, recently decided that schools receiving federal funds are not subject to Title IX liability under a “cat’s paw” theory.  In Bose v Bea, a student was expelled from Rhodes College (Tennessee) for cheating on tests and […]

On January 31, 2020, the United States Citizenship and Immigration Service released a new version of the Form I-9, Employment Eligibility Verification. The new version contains only minor changes to the form and its instructions. Specifically, the version of the form and instructions contains the following changes: Form I-9 Revised the Country of Issuance field […]

  In a recent memorandum, the Michigan Department of Education suggested school districts may not want to assume they will be granted “snow‑day waivers” under certain circumstances.  MDE noted that the State School Aid Act grants schools the right to cancel up to six (6) days of instructional time for conditions beyond the district’s control – severe […]

Cold and flu season is upon us. For the week ending January 18, 2020, the Michigan Department of Health and Human Services reports that 2.2% of all outpatient visits were due to care related to influenza-like symptoms. Additionally, on January 27, the Department of State issued a Level 3 Travel Advisory for all of China, […]

  In an unpublished decision, the United States Third Circuit Court of Appeals in M.S., S.S., on behalf of H.S. v Hillsborough Twp Pub Sch Dist held a school district was not required to reimburse parents the cost of an independent educational evaluation (IEE) until the parents disagreed with the school district’s evaluation of the […]

  Governor Whitmer recently signed House Bills 4311, 4916, 4308, and 4307 into law.  These bills, respectively, create the Lawful Internet Gaming Act, the Lawful Sports Betting Act, the Fantasy Contests Consumer Protection Act, and amend certain provisions of the Michigan Gaming Control and Revenue Act. The Lawful Internet Gaming Act formally regulates the manner […]

On January 13, 2020, the Department of Labor issued a new rule revising the test for determining “joint employer” status.  The final rule was published in the Federal Register on January 16, 2020, and becomes effective 60 days from that date. To provide context, the DOL and the Courts long ago concluded that two separate companies can […]

  On January 16, 2020, the U.S. Department of Education released updated guidance regarding religious expression in public schools.  As we all know, the First Amendment prohibits the government (including public schools) from favoring or opposing religion – there’s nothing new on that front.  For example, teachers still can’t lead classes in prayer, and students are still […]