Publications for Michael R. Blum

In 6-3 decision, the U.S. Supreme Court blocked the Occupational Safety and Health Administration's (OSHA) "vaccine-or-test" mandate for large companies of 100 or more employees that would require them to either get vaccinated against COVID or require them to wear masks and get tested weekly.

The United States Supreme Court gave employers a big win this week by ruling, in a 5-4 vote, that employers can enforce agreements that require employees to arbitrate disputes individually and waive the right to pursue such claims in collective or class actions.

Since 2008, when the Michigan Medical Marihuana Act (the “MMMA”) went into effect, employers in Michigan have been presented with new and nuanced issues related to how the new marijuana law would impact employment-related decisions.

Employees and employers are often of the mistaken belief that an employee cannot be fired while on Family and Medical Leave Act (“FMLA”) leave. The truth is that an employee on FMLA leave can be fired, but employers need to be very thoughtful and diligent when taking such action because terminating an employee on FMLA often invites litigation.

Over the last decade, social media has evolved from a fun distraction for young people, to a pervasive part of people’s lives - regardless of age.

In today’s economy, businesses often find it necessary to adjust the labor force within a relatively short period of time to remain competitive. In Michigan, this can be accomplished because the law presumes that all employment relationships are at-will.

Governor Snyder signed into law right-to-work legislation covering both private and public sector employment in Michigan. Employees will have the right to refrain from paying any portion of assessed dues or an agency fee.

The Michigan legislature was active in 2011, passing or amending several laws that will impact public sector labor relations.

On July 20, 2011, Gov. Rick Snyder signed legislation that changes the arbitration process and should result in more realistic agreements.

On July 20, 2011, Gov. Rick Snyder signed legislation that changes the arbitration process and should result in more realistic agreements. This legislation amends Act 312 to do the following...

The Genetic Information Nondiscrimination Act of 2008 (GINA) took effect for employers on Nov. 21, 2009.

The U.S. Court of Appeals for the Sixth Circuit found that a municipal employer did not violate its employees’ legal rights by requiring workers returning from sick leave or restricted duty to submit a doctor’s note disclosing the "nature of the illness" to their immediate supervisors.

Many municipalities employ drivers to perform safety-sensitive functions. What if one of these drivers arrives at work and appears to be under the influence of alcohol or a controlled substance?

Unions can demonstrate majority status either through voluntary recognition or an election.

The Uniformed Services Employment and Reemployment Rights Act of 1994 applies to all public and private employers in the United States, regardless of size.

The USERRA applies to all public and private employers in the United States. So it applies to counties, cities, townships, and villages.

Public employee unions have existed in Michigan since the 1930s, but beginning in 1947, were prohibited from striking upon passage of the Hutchinson Act, which imposed serious penalties on strikers.

Effective May 1, 2010, smoking will be banned in all public places, including places of employment.