AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more
In a court opinion that borrowed at length from the infamous “My father made him an offer he couldn’t refuse” scene from The Godfather, Warner’s client AirBoss Flexible Products prevailed in a high-profile supply chain...more
In a landmark decision in Mothering Justice v. Attorney General, the Michigan Supreme Court has ruled on the constitutionality of legislative actions surrounding the Improved Workforce Opportunity Wage Act (Wage Act) and the...more
Rather than enacting without change, the Legislature substantially amended the ballot initiative and enacted such amended initiative into law. This action ultimately resulted in litigation to determine whether the...more
Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more
S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024) Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving...more
Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now...more
On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more
Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more
A recent Mississippi case reminds commercial and residential policyholders alike of the importance of updating insurance coverage when circumstances change to avoid a coverage dispute or the loss of coverage altogether....more
On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more
The Michigan Supreme Court has written the latest, and perhaps last, chapter of an ongoing saga affecting most Michigan employers. In Mothering Justice v. Attorney General, the Michigan Supreme Court fully restored sweeping...more
In a recent case, the Michigan Supreme Court issued an opinion in Schafer v. Kent County, No. 164975, addressing the critical issue of surplus equity stemming from a tax foreclosure within the context of the state...more
On July 31, 2024, the Michigan Supreme Court reinstated the original Earned Sick Time Act (ESTA) that Michigan voters initiated in 2018. Pursuant to the supreme court’s ruling, effective February 21, 2025, Michigan employers...more
Michigan employers soon will face a significantly higher minimum wage and more onerous employee sick leave obligations after the Michigan Supreme Court invalidated the Michigan legislature’s amendments related to two voter...more
On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more
It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more
On July 29, 2024, the Michigan Supreme Court held in Doe v. Alpena Public School District that the state’s civil rights law, Elliott-Larsen Civil Rights Act (“ELCRA”), does not provide a cause of action against an educational...more
The game of legal whiplash is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will go into effect on February 21,...more
After six years of litigation, on July 31, 2024, the Michigan Supreme Court issued its long-awaited opinion in Mothering Justice v Attorney General, holding that the Michigan Legislature’s adopt-and-amend strategy, meant to...more
On July 31, 2024, the Michigan Supreme Court issued a decision that significantly changes the state’s paid sick leave and minimum wage requirements. In Mothering Justice v. Attorney General, the Court determined that a...more
On July 31, 2024, the Michigan Supreme Court issued its long-awaited decision in Mothering Justice et al. v. Attorney General et al., holding in a 4-3 ruling that Michigan’s current paid sick leave law, the Paid Medical Leave...more
In a 5-2 opinion released July 29, 2024, the Michigan Supreme Court upheld its own authority to extend litigation filing deadlines during the COVID-19 pandemic. The plaintiff in Carter v. DTN Management Company, Karen...more