Your search for “Alert” returned the following results:
- Workplace Law Lowdown | MIOSHA Releases New Guidance, Requiring COVID-19 Remote Work Policies, and Promising to Enforce its Feasibility Rule
11/17/2020The Michigan Occupational Safety and Health Administration (“MIOSHA”) predominantly defines the workplace safeguards employers must implement responsive to the COVID-19 pandemic, and it investigates employers’ failures to comply, leveraging citations and fines as its most convincing enforcement mechanisms. In particular,…
- Enterprise Procurement Update: USAA sues PNC for IP infringement over mobile deposit technology
10/26/2020Your company gets an intimidating letter from a courier. It has to be signed for. It is stamped with terms like “legal,” “confidential,” “urgent,” and “time sensitive.” It is a legal notice informing your company that it has infringed another…
- Workplace Law Lowdown | Unemployed Michiganders are Now Eligible for an Additional $300 per Week
08/31/2020Pandemic Unemployment Assistance benefits, which afforded eligible individuals $600 in supplemental unemployment compensation benefits through much of the COVID-19 crisis, ceased on July 31, 2020. Congress failed to reach a consensus on an extension thereto, so, on August 8, 2020,…
- Workplace Law Lowdown | Governor Signs EO-172 Tightening the Symptomology Necessary for Employees to Stay Home From Work Without Repercussions
08/28/2020Gov. Gretchen Whitmer signed Executive Order 2020-172 on Thursday, Aug. 27, replacing Executive Order 2020-166. EO-172, the intent of which is to protect employees from retaliation for missing work due to COVID-19 symptoms, diagnosis or exposure, tightens the restrictions on the…
- Workplace Law Lowdown | National Labor Relations Board (NLRB) Overrules Precedent Protecting Abusive Language
07/31/2020Long-standing NLRB precedent has protected abusive and harassing language when linked to protected union activity in most instances. Many cases have even excused racist and/or sexist language when used during an organizing campaign or while otherwise used while engaging in…
- Workplace Law Lowdown | Governor Whitmer Amends MI Safe Start Order to Limit Indoor Gatherings, Close Bars and Open Casinos
07/30/2020Yesterday evening July 29, 2020, citing a recent increase in COVID-19 cases, Governor Whitmer issued Executive Orders 2020-160 & 2020-161 (the “Orders”), taking effect July 31. Indoor & Outdoor Gatherings All indoor gatherings statewide (public and private) are now limited…
- Workplace Law Lowdown: Michigan Court of Appeals Lets Non-Solicitation Case Go Forward Even Though Customer Initiated Contact
07/16/2020Former employees are not shielded from enforcement of non-solicitation agreements simply because the customer initiated the business contact, the Michigan Court of Appeals has determined in Total Quality, Inc. v. Fewless, et al., Case No. 346409 (Mich Ct App, July…
- Workplace Law Lowdown: EO No. 2020-147
07/10/2020Hours ago, Governor Gretchen Whitmer issued an Executive Order (EO No. 2020-147) in response to the increase in COVID-19 cases Michigan is experiencing. The Order expands on the specifics of when and where a mask is required, and also implements…
- Workplace Law Lowdown: Supreme Court of the United States Issues Landmark Ruling on LGBTQ Rights
06/16/2020On June 15, the United States Supreme Court issued a landmark opinion reversing one circuit court of appeals holding and affirming two others with its ruling that the Title VII of the Civil Rights Act of 1964, does indeed protect…
- Workplace Law Lowdown | Q&A: Important Information for Employers Regarding Upcoming Changes to Michigan No-Fault Law
06/01/2020Michigan enacted legislation significantly changing the No-Fault Act. For Michigan employers and residents the changes will have an impact on their premiums, benefits, and selection of policies. Some of the most important changes are addressed below. Q: What is the…
- Workplace Law Lowdown | COVID-19 Effects on Summer Vacation: Considerations for Employers in Response to Vacation Requests
05/27/2020With summer in sight, Michigan employers can expect to receive an uptick in vacation requests. However, a patchwork of administrative guidance and executive and county orders may pose unforeseen consequences when employees try to return from their travels. Daily…
- Workplace Law Lowdown | Q&A - Coronavirus and Safety
03/17/2020We have received multiple safety questions related to Coronavirus. The following Q&A may help with issues you are facing in the workplace. Question: Could an employee refuse to come to work for fear of Coronavirus infection? Answer: Under the NLRA, an…
- Workplace Law Lowdown | U.S. House Passes Coronavirus Relief Bill
03/16/2020The House passed the Families First Coronavirus Response Act on March 14, 2020, in an effort to cushion the blow of the coronavirus outbreak. The Senate is likely to pass the bill or offer modifications this week. Below is a…
- Workplace Law Lowdown | Q&A - Coronavirus FMLA, ADA and Attendance Implications
03/16/2020We received multiple questions about the implications of the FMLA and ADO and the Coronavirus. The following Q&A may help with issues you may be facing in the workplace. Question: Is Coronavirus an FMLA-covered serious health condition? Answer: Determine whether the…
- Workplace Law Lowdown | Coronavirus Declared a Pandemic - What Are the ADA Implications?
03/13/2020On March 11, 2020, the Director of the World Health Organization (“WHO”) confirmed, “We have . . . made the assessment that COVID-19 can be characterized as a pandemic.” The WHO had previously been reluctant to implement the “pandemic” moniker,…
- Workplace Law Lowdown | Part II - Staffing Decisions and the Coronavirus: How to Address Employees' Concerns and Keep Your Workforce Healthy
03/12/2020As Bodman continues to receive questions about staffing in light of the COVID-19 (“Coronavirus”) outbreak, we have prepared additional scenarios that you may encounter with suggested approaches to handling them. In general, employers should remind their employees to wash their…
- Workplace Law Lowdown: Staffing Decisions and the Coronavirus: How to Address Employees' Concerns and Keep Your Workforce Healthy
03/09/2020As Bodman continues to receive questions about staffing in light of the COVID-19 (“Coronavirus”) outbreak, we have prepared some scenarios that you may encounter with some suggested approaches to handling them. In general, employers should remind their employees to wash…
- Workplace Law Lowdown | Preparing For the Coronavirus: Michigan's Paid Medical Leave Act Implications
03/04/2020With the number of reported cases of the Coronavirus increasing each day, and at least one state declaring a public health emergency, employers in Michigan should be mindful of their legal obligations. In effect for a year now, Michigan’s Paid…
- Enterprise Procurement Alert | State of California Consumer Privacy Act of 2018
01/23/2020On June 28, 2018, the State of California enacted the California Consumer Privacy Act of 2018 (the “Act”), which includes some of the strongest consumer privacy protections in the United States. Although not as comprehensive as the recent European Union…
- Workplace Law Lowdown | The DOL Unveils Significant Revisions to the FLSA's Joint Employer Rule
01/16/2020Under the Fair Labor Standards Act (FLSA), the term “employer” is broadly defined. As a result, the U.S. Department of Labor (DOL) recognizes that, under certain circumstances, an employee can have two or more employers and each business can be…
- Workplace Law Lowdown | $76 Million Settlement Reached in Decade Long NLRB Case
01/13/2020On Friday, January 10, 2020, the National Labor Relations Board (NLRB) announced a $76 million backpay settlement with CNN benefiting more than 300 individuals. This is the largest backpay award in NLRB history. For several years, Team Video Services (TVS)…
- Workplace Law Lowdown | DOL Final Rule Provides Much-Awaited Clarification on Regular Rate Calculation
12/20/2019The Wage and Hour Division of the Department of Labor (“DOL”) administers and enforces the Fair Labor Standards Act (“FLSA”), which, in part, requires payment of one and one-half times the regular rates of pay for those hours worked in…
- Workplace Law Lowdown | PWDCRA Assessment of Essential Functions and Reasonable Accommodations Given Physical Examination Requirement
10/01/2019After a December 2015 change in law, 36th District Court bailiffs with disabilities are treated like most Michigan employees with disabilities, meaning they are eligible for reasonable accommodations that do not impose an undue burden, but they are not excused…
- Workplace Law Lowdown | DOL Unveils Significant Revisions to Federal Overtime Laws, Increasing Salary Threshold to $35,568
09/25/2019On September 24, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division unveiled significant revisions to federal overtime laws. To be exempt from overtime requirements under the Fair Labor Standards Act (FLSA), employees must be paid a salary…
- Workplace Law Lowdown | DOL Provides New Insight on Employee vs. Independent Contractor Classification, Just As Michigan AG Launches Payroll Fraud Enforcement Unit
05/02/2019On April 29, 2019, the Department of Labor (DOL) issued an opinion letter signaling that workers who utilize smartphone apps – such as Uber, Lyft, Angie’s List, and others – to connect with customers will likely be treated as independent…