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 […]

  In a recent unpublished case, Stanton v Anchor Bay School District, the Michigan Court of Appeals affirmed the trial court’s determination that Anchor Bay School District and its superintendent, Leonard Woodside, were absolutely immune from intentional tort claims.  The court also allowed the case against Sherry Kenward (Director of Student Services at the District’s […]

A new front opened up recently in the fight over protections for LGBTQ employees in the workplace.  A group called Fair and Equal Michigan launched a ballot initiative to broaden Michigan’s civil rights laws to include protection of people from discrimination based on sexual orientation or gender in employment, housing, and public accommodations.  If the […]

  The Michigan Court of Appeals recently issued an opinion in Meyer v Oakland Community College Board of Trustees, a case involving alleged violations of the Open Meetings Act (OMA), MCL 15.261 et seq.  The salient facts involved a May 2017 meeting by the Defendant Board, during which the Board met in closed session to […]

Late in 2019, the National Labor Relations Board (NLRB) issued a decision that is welcome news to unionized employers. In Valley Hospital Medical Center, the NLRB ruled that employers can now stop collecting dues payments for the union upon expiration of a collective bargaining agreement, at least until a new Collective Bargaining Agreement (CBA) is […]

We appreciate everyone who has stopped by to check out our blog and especially those of you who have given us feedback and encouragement.  We’ll return to providing regular updates after the holidays, as there are plenty of updates to keep us all busy. In the meantime, as you prepare for your office (and maybe […]

California employers are already required to provide non-exempt employees with a reasonable amount of break time to express milk for their infants in a “private place.” And fortunately for the infants consuming that milk, the “private place” cannot be a bathroom. Effective January 1, 2020, however, California will take the duty to accommodate nursing mothers […]

“OK, Boomer.”  This two-word phrase has been included in memes and countless Twitter posts recently.  Along with “OK, Millennial,” it references a generational debate that has picked up steam in recent years, especially on social media.  These phrases often are used to belittle or dismiss a person’s thoughts or opinion based on the generation in […]

We often receive questions from clients about requests that both employees and customers (or patients) make to bring emotional support or service animals into the workplace.  Here’s a quick primer on what employers need to know about service and emotional support animals: What is the difference? A service animal is a dog (or sometimes a […]