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01 August 2022

Michigan Court of Claims Stays Ruling on Michigan’s Minimum Wage and Paid Medical Leave Laws, Now To Be Effective February 2023

On Friday, July 29, 2022, the Michigan Court of Claims entered a “stay” of its July 19, 2022 ruling that the 2018 Michigan Legislature’s “adopt and amend” strategy related to two 2018 ballot petition initiatives involving the minimum wage and paid sick leave was unconstitutional.  Miller Johnson’s previous Client Alert on the Court of Claims […]

20 July 2022

Michigan Court of Claims Voids Current Minimum Wage and Paid Medical Leave Laws, Reinstating Original Versions from 2018

On Tuesday, July 19, 2022, the Michigan Court of Claims determined that the Michigan Legislature violated the Michigan Constitution when it adopted and then amended two ballot petition initiatives in 2018. Importantly, this ruling voids two laws—the current minimum wage law (called the Improved Workforce Opportunity Act) and the current Paid Medical Leave Act—and reinstates […]

18 July 2022

Protecting Our Most Vulnerable: The Unsettling Rise in Claims of Undue Influence

Americans are aging.  According to the United States Census Bureau, by 2030, one in five Americans will be over the age of 65.  In 1946, three million, four hundred thousand babies were born.  This was a twenty percent rise from 1945.  The year 1946 marked the beginning of the “baby boom.”  The “baby boomer” generation […]

12 July 2022

Group Health Plan (and Related Benefit) Considerations in Light of the Supreme Court’s Ruling in Dobbs

In Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overruled its previous decisions in both Roe and Casey and determined that the United States Constitution’s privacy clause does not guarantee a right to an abortion prior to the date of viability. Instead, the regulation of abortion will be left to the states. There is no question that the method in which different states attempt to regulate abortion will vary widely. Some states currently have laws in effect that not only ban all abortions but have language broad enough to potentially impact other reproductive health services. Other states have codified the right to abortion. Dobbs directly impacts whether and how employers can provide health care coverage not just for abortion but potentially for other reproductive health care services. Employers that sponsor group health plans need to individually determine how Dobbs impacts current benefits and determine what changes are necessary to both provide the coverage the employer desires and avoid criminal and civil penalties.

11 July 2022

Michigan Rolls Back Its COVID-19 Employment Rights Act

On Monday, July 11, 2022, Governor Whitmer signed into law a package of bills that amend and repeal three of Michigan’s COVID-era laws, including an amendment and repeal of Michigan’s COVID-19 Employment Rights Act. The COVID-19 Employment Rights Act, also known as Public Act 238 of 2020, prohibited employees from reporting to work after (1) […]

29 June 2022

Florida’s Homestead Rules—The Best Benefit under the Sun (Part 1)

Last month, I detailed steps you can take to establish residency in Florida (found here).  In the next few installments of my Snowbird Series, I will review Florida’s homestead laws so you can see how they might apply to your situation.  Homestead is one of the most frequently misunderstood aspects of Florida law. The first […]