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BT Currents - Hot Topics in Employment Law

06 Dec Michigan Paid Sick Time and Minimum Wage Laws Amended

The Earned Sick Time Act ballot initiative, enacted into law by the Michigan legislature in September, is amended and on its way to Governor Rick Snyder’s desk. Changes were pre-negotiated with the governor’s team, so his signature is expected. Likewise, the minimum wage ballot initiative enacted into law by the Michigan legislature is also amended and expected to be signed by the governor.   The paid sick leave law, now known as the Paid Medical Leave Act, was substantially amended to make it workable for both employers…

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05 Dec Michigan Employer Action Steps for Recreational Marijuana

Recreational marijuana is legal in Michigan as of December 6, 2018, which means that clear communication and managing employee expectations is critical right now. Those employers who have attended our programming on this issue or contacted us in the ramp up to this change have taken three action steps: Decide whether to modify existing workplace drug polices to accommodate marijuana.When medical marijuana was legalized, most employers continued their policy to disqualify an employee from work for a confirmed positive marijuana test result, and most will…

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03 Dec Discrimination Lawsuit Torpedoed by Poor Fundamentals

A mixed-race transgender former employee alleged that his supervisor made derogatory statements about his race and gender and that he was constructively discharged. This sounds like a case with several hot button issues that could make national news over the coming months, right? Well…no.   The plaintiff filed a federal lawsuit in the U.S. Court for the Middle District of Pennsylvania claiming race, national origin, and gender discrimination in violation of Title VII, Section 1981, and the Pennsylvania Human Relations Act (“PHRA”).   On November…

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16 Nov Supreme Court Declines To Hear Seventh Circuit Ministerial Exception Appeal

In a disability discrimination case involving a teacher at a Jewish school in Milwaukee, the Seventh Circuit has for the first time addressed the ministerial exception in light of the Supreme Court’s 2012 Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC decision. In Grussgott v. Milwaukee Jewish Day School, the court found a teacher who taught both Hebrew and Jewish studies demonstrated that her role furthered the school’s religious mission and that her position therefore fell under the ministerial exception, barring her disability discrimination claims….

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09 Nov Latest DOL Opinion Letter Says Goodbye to the 80-20 Rule

If you are a wage and hour rules buff, it is now old news that the Department of Labor has revived an old habit – the issuance of Opinion Letters. These brief policy memos serve as straightforward guidance on a particular issue. Well, the DOL is back at it this week and has issued another new set of Opinion Letters. One in particular is catching the eye of the restaurant and service industry.   In an Opinion Letter issued last week, the DOL has done away…

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