The Sixth Circuit Declares Tennessee’s Punitive Damages Cap Unconstitutional

In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee’s cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act (the “Act”) which, among other things, capped the amount of punitive damages a plaintiff can recover in civil …

In the #MeToo Era, Why Retaliation is the Scariest Word for Employers

With the issue of appropriate vs. inappropriate sexual conduct continuing to be the hot button topic, it is important to understand there is another related issue that remains front and center yet it remains silent, and that issue is retaliation. In terms of workplace sexual harassment as a claim in its own right, a brief …

Michigan Repeals Prevailing Wage Act

On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”). Michigan’s Prevailing Wage Act required project owners to pay workers union-scale wages and benefits for state-funded construction projects. The repeal took effect on June 6, but it …