Labor & Employment

On October 22, 2020 Governor Whitmer signed three new laws intended to give employers and employees more certainty and security regarding potential litigation or retaliation resulting from an employee catching COVID-19. These new laws consist of (1) the COVID-19 Response and Reopening Liability Assurance Act, (2) amendments to the Michigan Occupational Safety and Health Act ... Read More

On Friday, March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) into law. This extensive act provides much needed assistance to those struggling due to the impact of coronavirus/COVID-19 shutdowns. There are numerous provisions both businesses and individuals should be aware of to fully benefit from the CARES ... Read More

In Bodnar v St John Providence, Inc, 327 Mich App 203 (2019), the Michigan Court of Appeals addressed the enforcement of employment policies as contracts, finding that an appropriate disclaimer can prevent policies from becoming contracts. Bodnar was one of a group of nurses working at St. John Providence. St. John’s had written policies requiring ... Read More

Michigan citizens caused a statute to be adopted by an initiative petition known as the Earned Sick Time Act or 2018 PA 338. However, before it became effective Michigan’s House and Senate amended the act by adopting the Paid Medical Leave Act, which was approved by the Governor on December 13, 2018 and becomes effective ... Read More

In Innovation Ventures v Liquid Manufacturing, LLC, Michigan Supreme Court Docket No. 150591 (decided July 14, 2016), the Michigan Supreme Court considered whether the validity of a covenant not to compete should be determined by looking at the factors provided in MCL 445.774a or by using the “rule of reason” analysis. MCL 445.774a sets forth ... Read More

On May 11, 2016, the Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law by President Obama. DTSA, which amends 18 USC 1836, creates a new federal civil cause of action that will allow businesses to obtain damages and injunctive relief and to recover attorney’s fees for misappropriation of trade secrets. Prior to ... Read More

Michigan law currently permits employers to restrict the movement of their employees to competing businesses through the use of non-compete agreements. A bill recently introduced in the Michigan House of Representatives, however, seeks to change that. House Bill No. 4198, introduced by Rep. Peter Lucido would operate to ban the enforceability of non-compete agreements, except ... Read More