A bill (A2252) reintroduced in the Assembly on February 11 seeks to prohibit employers from requiring employees to sign pre-dispute arbitration agreements, as well as other waiver agreements (such as the waiver of a jury trial, statutes of limitations, certain damages, discovery, etc.) as a condition of their hiring. The bill would not, however, prohibit employers and employees from agreeing to arbitrate claims after a dispute arises. Similar bills have been unsuccessfully introduced by the state legislature for over a decade.
Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check (sometimes called a “criminal reference check”) or vulnerable sector screening.
On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC) before commencing an action in court is not jurisdictional. Rather, the charge-filing requirement is a “nonjurisdictional claim-processing rule,” Justice Ginsburg wrote in a unanimous opinion. “[A] rule may be mandatory without being jurisdictional, and Title VII’s charge-filing requirement fits that bill,” the Court ruled.
On December 6, 2012, the Michigan Senate passed two bills (SB 116 and HB 4003) and the House passed one bill (HB 4052), making Michigan poised to become the 24th state with a right-to-work law. These bills would prohibit any requirement that employees be forced to join a union or pay an agency fee to a union as a term or condition of employment. SB 116 and HB 4052 are identical and apply to private sector employees.