As of February 12, 2024, Michigan workplaces are no longer governed by the Right-to-Work law, as the repeal of the 2012 regulation that banned requirements that workers join unions to receive their benefits. The Michigan legislature became the first state in almost 60 years to repeal its Right-to-Work law. The elimination of the Right-to-Work law only impacts private sector workers. Public sector workers can still opt out of unions because […]

As business owners get closer to reopening their doors, it is time to start planning for and anticipating the problems that may arise with our workforce. The following are issues that may arise, along with some helpful tips. Workplace Conditions Governor Whitmer will advise of the required conditions of the workplace such as the wearing of masks, use of partitions, cleaning of areas, use of social distancing, etc. If your […]

The Sixth Circuit Court of Appeals (the Federal Appeals Court which includes Michigan) recently reviewed the firing of a male funeral home director transitioning to female. Ms. Stephens was fired after she advised the funeral home owner, Mr. Rost, that she was intending to live as a woman including utilizing a female name, dressing in women’s clothing and using the women’s restroom. Litigation was filed against the funeral home by […]

The Family Medical Leave Act (FMLA) allows an eligible employee to take an unpaid, job-protected leave for a specified family and medical reason with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.  A few of the common points of FMLA that may be forgotten by the employer are outlined below. Can the employer have communications with the employee […]

The June 2016 publication of the Michigan Public Risk Management Association (MIPRIMA) features an article written by Suzanne Bartos, an attorney in our Livonia office.  The informative article outlines the recently released rules regarding the payment of overtime to employees and its impact on the government employer. To read the complete article, please click here. Suzanne P. Bartos is an attorney in our Livonia office where she focuses her practice […]

Elizabeth Rae-O’Donnell and Sue Bartos, both attorneys in our Livonia office, recently gave a presentation to police chiefs on Garrity Protection.  The Garrity principle is an important tool to provide officers the necessary protection while still enabling departments to conduct thorough and complete internal investigations. In Garrity v. New Jersey, the Supreme Court held that officers are not required to sacrifice their right against self-incrimination in order to retain their […]

The Michigan Supreme Court has recently held that the employee’s motivation is no longer a determining factor in whether the Whistleblower Protection Act (WPA) protects the employee from an adverse employment action. Since the underlying purpose of the Act is to protect the public, municipalities are most vulnerable to a WPA claim. If government officials, who are bound to serve the public and violate laws, designed to protect the public, […]