Publications for Michael R. Blum
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.
Governor Snyder signed House Bill 4003 and Senate Bill 116, making Michigan the 24th state to enact "freedom-to-work"/ “right-to-work” laws. House Bill 4003 applies to the public sector and Senate Bill 116 applies to the private sector.
On May 14, 2012, a federal district court ruled that the NLRB failed to assemble a quorum for its final vote on changes in the board's representation case rules, so the changes that went into effect April 30 are invalid and unenforceable.
The appellate court rejected the NLRB’s argument that the rule should take effect during the pendency of the court’s review, noting the NLRB had previously postponed the effective date of the rule because of pending litigation.
Given recent rulemaking activity, most private sector employers will be required to post a new notice advising employees of their rights under the National Labor Relations Act.
The Michigan legislature was active in 2011, passing or amending several laws that will impact public sector labor relations.
In response to political controversy surrounding the proposed new rules, a bill has been introduced in Congress (H.R. 3094) that would set minimum time periods for NLRB representation hearings and a 35-day minimum interval before balloting that are inconsistent with the board’s rulemaking proposal.
The National Labor Relations Board published a controversial final rule requiring that all employers covered by the National Labor Relations Act post a notice detailing employees’ rights under the Act.
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.
GINA prohibits the use of genetic information in making employment decisions, restricts employers from asking for, requiring, or buying genetic information, and strictly limits the disclosure of genetic information.
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.