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 unsafe working conditions, among other things. MCL 408.1065(1). Any employee who “believes that he or she was discharged or otherwise discriminated against by a …
Federal Judge Sets Aside the FTC’s Noncompete Ban
Not so fast and not so final – for now. On August 20, 2024, U.S. District Judge Ada Brown in the U.S. District Court for the Northern District of Texas sided with a plaintiff group comprised of a limited liability company, a coalition of various business groups, and the U.S. Chamber of Commerce, and set …
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You Can’t Prevent Them All: How to Protect Your Company from Unpreventable Employee Misconduct
Unfortunately, workplace injuries can occur anytime, even when employers take every possible precaution to prevent them. As most employers have experienced, implementing and enforcing safety rules and policies avoids workplace injuries. But what happens when an employee ignores or intentionally breaks a safety rule and they, or someone else, is injured? Fortunately, the Occupational Safety …
Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions
A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate notice of an FLSA suit to employees who were not originally parties” to the lawsuit. This case, Clark v. A&L …
Gantt V. Harris County: How Death Does Not Dismiss a TCHRA Case under the Texas Survivorship Statute
The Texas Commission on Human Rights Act (“TCHRA”) was enacted to “provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments.” Tex. Lab. Code § 21.001. Accordingly, it is rare for an issue of first impression to arise in the Texas courts. However, in …
Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic departure from the current regulatory landscape, which is primarily dictated by state law. A non-compete clause is a contractual …
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U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place
On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move forward. THE OSHA ETS IS STAYED By way of background, the OSHA ETS requires all employers with more than …
U.S. Supreme Court Extends Title VII Protections to LGBTQ Employees
On June 15, 2020, the United States Supreme Court, in the case of Bostock v. Clayton County, Georgia, affirmatively answered the long-awaited question of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) protection extends to LGBTQ employees. In a 6-3 decision, the court held that an employer who terminates an employee …
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The Sixth Circuit Rules on What Constitutes “Similarly Situated”
On November 13, 2019, the United States Court of Appeals for the Sixth Circuit issued a recommended for full-text publication opinion that analyzed and decided the concept of what it means to be “similarly situated” in the context of proving a prima facie case of discrimination. In Johnson v. Ohio Department of Public Safety, the …
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The Michigan Court of Appeals Addresses Sexual Harassment and Mandatory Arbitration Agreements
Mandatory arbitration agreements for employment claims have been increasingly criticized, but that criticism has increased dramatically for sexual harassment cases. The #MeToo movement has generated significant pressure to exclude sexual harassment claims from mandatory employment arbitration agreements, and proposed legislation federally and in various states seeks to bar mandatory arbitration agreements or at least to …