Earlier this summer, Governor Whitmer signed into effect the Creating a Respectful and Open World for Natural Hair (CROWN) Act. The Act amended the Elliott-Larsen Civil Rights Act’s (ELCRA) definition of “race.” Now, ELCRA’s prohibition against race discrimination includes “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” The […]

No one likes summer homework, but due to passage of several recent pieces of legislation, employers should consider giving their employee handbooks a summer refresh.  Here’s a rundown of four new laws that could merit updates: The Pregnant Workers Fairness Act: The PWFA, which went into effect June 27, requires employers to provide reasonable accommodations […]

Don’t let the prevalence of generous parental leave policies and cozy lactation rooms cause you to think pregnancy discrimination claims are a thing of the past.  A recent survey showed that 1 in 5 mothers feel that they have experienced pregnancy discrimination in the workplace. Furthermore, nearly 1 in 4 mothers report that they have […]

Artificial Intelligence is exploding.  Everywhere we look, there are those concerned or excited by the potential that AI brings.  On one hand, Hollywood writers, novelists, and artists are concerned that AI will replace their creative works with lower-quality combinations of others’ intellectual property.  On the flip side, businesses see opportunities to streamline workflow, decreasing expenditures […]

The legal landscape of LGBTQ rights in the workplace has rapidly evolved in the last few years. Employers cannot and should not ignore this issue. In particular, courts and state legislatures have been sorting through the issue of whether anti-discrimination statutes extend their protections to those who identify as LGBTQ. Following the Supreme Court’s decision […]

After more than three years of COVID-19 compliance challenges in the United States, May 11, 2023 marked the end of the federal COVID-19 public health emergency (PHE) declaration, as well as the COVID-19 vaccine requirement for Federal employees, Federal contractors, and international air travelers.[1] While many COVID-19 related laws expired long before the end of […]

Under the Fair Labor Standards Act (FLSA), most employees in the United States must be paid at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek. However, there are some exceptions, including an exemption for highly compensated employees. Under the FLSA, one is a highly compensated employee if […]

A recent decision from West Michigan’s federal district court may have shed light on a minor mystery that’s puzzled a number of faith-based nonprofits and businesses in Michigan over the years: with no explicit protections for them in Michigan’s civil rights law,* why have they never been prosecuted for religious discrimination under state law? The […]

On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, 372 NLRB No. 58, and seemingly upended the modern severance agreement. As we have previously written about (see our Client Alert here) the Board held that employers violate the National Labor Relations Act when they offer overly broad severance agreements […]

The American employer is in a tough spot.  When the pandemic hit, many employers were forced to close their doors—some permanently.  Then, the end of lockdowns also signaled the beginning of the Great Resignation.  Indeed, in 2021, about 47 million workers quit their jobs.  2022 was no better, as about 4 million workers quit in […]