On Friday, July 27, 2018, the Michigan Supreme Court upheld the authority of Michigan school districts to ban firearms on school property and at school functions. The Court held that while the Legislature has the power to...more
As previously reported by Miller Canfield, the Michigan Civil Rights Commission voted on May 21, 2018, to expand its interpretation of the Michigan Elliott-Larsen Civil Rights Act ("ELCRA") to prohibit discrimination based on...more
The National Labor Relations Board (NLRB) announced a new pilot program to increase the use of alternative dispute resolution (ADR) and offer parties greater control over the resolution of their cases while saving both time...more
In a 5-4 decision, the United States Supreme Court has held in Janus v. AFSCME that public sector unions cannot require non-union bargaining unit members to pay union dues. The Court held that the requirement violates the...more
The Michigan House of Representatives has taken the final step to repeal the Prevailing Wage Law.
The House voted on June 6, 2018, to adopt Initiated Law 2 of 2018, which provides for the repeal of Act 166, Public Acts of...more
The Michigan Civil Rights Commission has voted to expand its interpretation of the Michigan Elliott-Larsen Civil Rights Act ("ELCRA") to include discrimination based on sexual orientation and gender identity.
At the...more
The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a...more
In PCC Structurals, Inc., in a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned the 2011 Specialty Healthcare decision which allowed “micro-units” of small groups of employees to organize within a...more
In May 2014, Michigan enacted a law that gradually increases the minimum wage from $7.40 to $9.25 per hour by January 1, 2018. On Jan. 1, 2018, the minimum hourly wage for employees will increase by 35 cents, from $8.90 to...more
The National Labor Relations Board (NLRB or Board) has overruled two precedents that had been particularly nettlesome to the employer community. First, in The Boeing Company the NLRB, in a 3-2 decision on Dec. 14, 2017,...more
Sworn in less than a month ago, National Labor Relations Board’s new General Counsel Peter B. Robb is wasting little time setting a new direction for the NLRB.
On Dec. 1, 2017, Robb issued General Counsel Memorandum 18-02...more
The U.S. Department of Labor has indicated that the department will move in a new, more employer-friendly direction, leaving many businesses feeling hopeful.
On June 7, 2017, the United States Department of Labor issued a...more
In two separate cases, a Michigan Court of Appeals panel determined that state law does not preempt public school policies relating to the possession of firearms in schools and at school-sponsored events. In the lead case,...more
As we explained in our March 24, 2016 alert, on March 23, 2016, the Department of Labor (“DOL”) finalized its “persuader” rule, which would have required that employers and legal consultants report all pay arrangements...more
The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches...more
Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions....more
A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold.
On June 27, 2016, a federal district court...more
On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more
On March 23, 2016, the Department of Labor (“DOL”) finalized its long anticipated “persuader” rule, which requires that employers and legal consultants report pay arrangements regarding any attempts to persuade employees,...more
An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more
On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether...more
On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more
8/18/2015
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College Athletes ,
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Employee Definition ,
Jurisdiction ,
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NLRB ,
Northwestern University ,
Sports ,
Unions ,
Universities
The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado...more
Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year. ...more
The National Labor Relations Board has again issued its final rule revising union election procedures, which will greatly shorten the time between when the union files an election petition and when the election is held. This...more