Michigan Court of Appeals Maintains Status Quo Regarding Paid Medical Leave

On January 26, 2023, in the long-awaited opinion in Mothering Justice v. Attorney General, a three-judge panel of the Michigan Court of Appeals ruled, in a 3–0 opinion, that the Michigan Paid Medical Leave Act (PMLA) and Michigan Improved Workforce Opportunity Wage Act, as implemented in March 2019, will remain in place.

State and Major Locality Minimum Wage Updates for 2023

Several state and local minimum wage rates will increase in 2023, with a majority of the changes effective on January 1, 2023. The following chart lists state and certain major locality minimum wage increases for 2023—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Ogletree Deakins Launches Interactive OSHA Tracker Tool

Analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s, can help employers forecast and spot enforcement trends and changes, identify new and emerging issues, and correlate information to make unique connections that may not be readily apparent. To assist employers, Ogletree Deakins has developed the OSHA Tracker, a purpose-built resource designed to provide clients and consumers with easy-to-use search tools and filters to convert OSHA data into more digestible and useful information.

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that agency instruction is to provide “clarification on proper procedures when conducting interviews for enforcement investigations under Section 29(1) of the Michigan Occupational Safety and Health Act.”

2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

Earlier today, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.

2022 Changes to Michigan’s Paid Medical Leave: Back to the Future

On July 19, 2022, the Michigan Court of Claims reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion immediately increases Michigan’s minimum wage rate to $12 per hour and significantly expands the paid sick leave employers must provide to eligible employees.

First Circuit Creates Split Regarding Federal Court Jurisdiction Over FLSA Multistate Collective Actions

On January 13, 2022, in Waters v. Day & Zimmermann NPS, Inc., the First Circuit Court of Appeals became the third federal appellate court to address the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards Act (FLSA) collective actions. Unlike the Sixth Circuit Court of Appeals and the Eighth Circuit Court of Appeals, however, the First Circuit concluded that a federal court does have personal jurisdiction over claims asserted by nonresident opt-in plaintiffs. The First Circuit’s decision thus creates a split among federal appeals courts and raises the prospect that the Supreme Court will ultimately have to resolve the issue.

Michigan Supreme Court Pushes Back Effective Date for Personal Identifying Information Restrictions on Court Records

In May 2019, the Michigan Supreme Court issued rules that when implemented  generally would prohibit Michigan courts from releasing personal identifying information (PII), such as birthdates, on court records. The rules were set to go into effect on July 1, 2021. Because consumer reporting agencies (CRAs) use PII to confirm the identities of the subjects of records and to comply with verification standards set forth in the Fair Credit Reporting Act (FCRA), CRAs would have been affected by the restrictions on access to court files, potentially impacting the timely and accurate release of background check information in Michigan.

Michigan’s COVID-19 Emergency Rules: Major Changes to Take Effect Soon

On May 24, 2021, Michigan Governor Gretchen Whitmer announced important changes to the Michigan Occupational Safety and Health Administration’s (MIOSHA) emergency COVID-19 rules, “Emergency Rules for Coronavirus Disease 2019.” Governor Whitmer also announced that the draft permanent MIOSHA COVID-19 rules have been rescinded in their entirety, and the public hearing to discuss those rules scheduled

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually shortened limitation periods.

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Michigan Provides Employers and Employees COVID-19 Protections

Michigan Governor Gretchen Whitmer recently signed into law four bills that encourage employers to resume business in compliance with all COVID-19 safeguards required under the various federal, state, and local statutes, rules, regulations, executive orders, and agency orders. The new laws provide a significant reward for an employer’s compliance: insulation from COVID-19–related liability—including tort claims and claims under the Michigan Occupational Safety and Health Act of 1974 (MIOSHA)—as long as the employer was implementing all safeguards legally required at the time of the incident giving rise to the claim.

Michigan OSHA Issues Emergency Rules Related to COVID-19

The Michigan Occupational Safety and Health Administration (MIOSHA) has issued emergency health and safety rules aimed at controlling, preventing, and mitigating the spread of COVID-19. The emergency rules, which Governor Gretchen Whitmer approved, represent a further effort to fill the void left by a recent Michigan Supreme Court decision invalidating many of the governor’s COVID-19 executive orders.

Michigan’s Latest COVID-19 Developments: What Employers Need to Know

In the wake of the Michigan Supreme Court’s ruling regarding the state’s COVID-19-related executive orders, the Michigan Department of Health and Human Services (MDHHS) has issued new orders, the Michigan Occupational Safety and Health Administration (MIOSHA) has ramped up enforcement of COVID-19-related protocols, and local counties are issuing their own orders as well.

Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case

On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated his employment in retaliation for his exercising his rights under the First Amendment to the U.S. Constitution.

Michigan Extends Its Stay-at-Home Order Through April 30, 2020

On April 9, 2020, Michigan Governor Gretchen Whitmer issued an updated “Stay Home, Stay Safe” Executive Order (EO) 2020-42, which extends the state’s emergency declaration through April 30, 2020. The EO reaffirms the measures set forth in Executive Order 2020-21, clarifies prior measures, and adds additional restrictions

Michigan Provides Enforcement Guidance on State’s “Stay Home, Stay Safe” Executive Order

Governor Gretchen Whitmer’s Executive Order 2020-21—the “Stay Home, Safe Safe” order—and various county emergency orders issued in the wake of the COVID-19 pandemic have raised numerous questions regarding their interpretation and enforcement. State leaders in public health, state directors, and the attorney general have commented upon enforcement or issued orders of their own.

Michigan Governor Expands COVID-19 Paid Medical Leave Rights and Anti-Retaliation Protections

On April 3, 2020, Michigan Governor Gretchen Whitmer signed Executive Order (EO) 2020-36, which expands the protections of Michigan’s Paid Medical Leave Act until the end of the declared state of emergency and prohibits retaliation against workers who are particularly at risk of infecting others in the workplace.

Copier Victor Victorious: Sixth Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the Fair Labor Standards Act (FLSA), finding the employee’s testimony regarding the number of hours he worked on a weekly basis too vague and conclusory to withstand summary judgment.

Michigan Governor Issues Statewide ‘Stay Home, Stay Safe’ Executive Order

On March 23, 2020, in response to the COVID-19 pandemic, Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21 (E.O. 2020-21), a “stay home, stay safe” directive setting forth the state’s “[t]emporary requirement to suspend activities that are not necessary to sustain or protect life.” A sweeping order that appears to be broader than orders that have been issued by other states.

Michigan’s COVID-19-Related Executive Orders: Guidance for Employers

Michigan Governor Gretchen Whitmer issued two executive orders over the past several days that will impact certain employers that are responding to the coronavirus outbreak and COVID-19. On March 14, 2020, Executive Order 2020-06 was rescinded and replaced with Executive Order 2020-07, which places temporary restrictions on individuals who may enter health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities. On March 16, 2020, Executive Order 2020-05 was rescinded and replaced with Executive Order 2020-11, which places restrictions on large assemblages and events.