Two recent decisions clarify when employees have been "constructively discharged" and can sue for wrongful "termination" even though the employer never fired them—they instead resigned or retired. Both the federal and...
Employment Law Letter
The Occupational Safety and Health Administration (OSHA) requires most employers to keep an OSHA 300 log and complete an OSHA Form 301 when an employee suffers a “work-related” recordable illness or injury. You must then...
After 10 weeks of a statewide lockdown, Governor Gretchen Whitmer has signed Executive Order (EO) 2020-110, partially lifting Michigan’s coronavirus stay-at-home order. What is opening Under the new EO, which expressly...
Unemployment benefits previously expanded by Governor Gretchen Whitmer’s Executive Order 2020-24 (EO 24) were set to expire recently. Just before that happened, however, she issued EO 2020-57, which rescinds EO 24 and...
Bars, restaurants, and retailers have been tremendously affected by the COVID-19 pandemic and resulting government-mandated limits. On Monday, May 18, however, Michigan took its first major step towards reopening when...
Michigan employers must proceed with caution before disciplining an employee for refusing to work during the COVID-19 outbreak, according to Governor Gretchen Whitmer’s Executive Order (EO) 2020-36. What governor’s EO...
For more than 30 years, Minnesota courts have followed federal law in ruling hostile work environment sexual harassment is actionable (or pursuable in court) only if the behavior is severe or pervasive enough to alter...
Q If an employee on Family and Medical Leave Act (FMLA) leave submits a letter signaling her intent to resign at the end of her leave, do we have to wait until her leave is over, or can we terminate her employment now? A...
President Donald Trump has signed an Executive Order (EO) designed to ease federal agency enforcement actions against employers attempting in good faith to comply with the host of new statutes, regulations, and guidance...
Is age simply a number? One man in the Netherlands thought so and tried to get a court to drop his age by 20 years. But regardless of how the legal battle turned out (spoiler alert: it didn't end well for him), Dutch...
Many employers were eager to take advantage of a provision in federal coronavirus relief legislation that provided loans to help businesses meet payroll and cover certain other costs during the COVID-19 crisis. Those...
As Phase Two of Nevada’s COVID-19 recovery brings even more employees back to work, many people may show up still emotionally charged from recent racial tragedies across the nation as well as the protests and riots that...
Will New Hampshire employers be liable to employees who contract COVID-19 on the job? Governor Chris Sununu’s economic reopening task force recently posed the question to Attorney General Gordon J. MacDonald. Employers...
A supermarket cooperative isn’t considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate...
The ban on sex discrimination in Title VII of the Civil Rights Act of 1964 covers employment discrimination based on sexual orientation or transgender identity, the U.S. Supreme Court ruled in an unexpected 6-3 decision...