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U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Michigan Court of Appeals: ‘Adopt And Amend’ Strategy Is Constitutional; Current Paid Medical Leave and Minimum Wage Laws Remain...

​​​​​​​In a unanimous decision (Mothering Justice, et al. v Attorney General) issued January 26, 2023, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling that the Michigan Legislature lacked the...more

Michigan Court of Appeals Decision Cautions Need for Review of Arbitration Agreements in Employee Handbooks

​​​​​​​On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more

Sixth Circuit Lifts Stay on OSHA's ETS Requiring COVID-19 Vaccination or Testing; OSHA Issues New Compliance Deadlines

On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more

Supreme Court Clarifies "Actual Knowledge" Requirement for Shortened ERISA Statute of Limitations

Employers and plan fiduciaries should take careful note of a recent ruling issued by the United States Supreme Court which may prompt increased Employee Retirement Income Security Act ("ERISA") litigation and otherwise alter...more

US Supreme Court Clarifies Language Triggering Class-wide Arbitration

A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more

District Court Invalidates DOL's White Collar Regulations

The higher salary requirements under the Fair Labor Standards Act (FLSA) white collar exemptions that were set to take effect December 1, 2016, have been ruled invalid by a U.S. District Court in Texas. The same court...more

Fifth Circuit Expedites Review of Challenge to FLSA Overtime Changes: Law Firm of Miller Canfield

On Nov. 22, 2016, the recent revisions to the Fair Labor Standards Act overtime provisions - slated to become effective Dec. 1, 2016 - were enjoined by the United States District Court for the Eastern District of Texas. In...more

Sixth Circuit Rules That Employees Are Not Entitled to Vested Health Benefits

In a ruling that follows the Supreme Court’s repudiation in M&G Polymers USA v. Tackett of the retiree-friendly inferences set forth in UAW v. Yard-Man, the United States Court of Appeals for the Sixth Circuit ruled in Gallo...more

Job Applicant Denied Whistleblower Protection in Sixth Circuit

Job applicants lack standing to bring whistleblower retaliation claims under the False Claims Act (FCA) and the Energy Reorganization Act (ERA) because they are not “employees,” according to the Sixth Circuit Court of...more

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