New Wage Laws Impact Schools
Wednesday, 24 October 2018
School districts must contest with two new Michigan laws governing paid leave and minimum wage beginning in March, 2019. The Michigan legislature recently enacted the “Earned Sick Time Act” and the “Improved Workforce Opportunity Wage Act” – school districts must ensure compliance with these laws to avoid lawsuits or investigations by the Michigan Department of
- Published in Employee Benefits Law, Labor and Employment Law
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Supreme Court to Rule on 3% MPSERS Deduction
Friday, 02 June 2017
After several trips to the Michigan Court of Appeals, the Michigan Supreme Court will now weigh in on the three percent deductions taken from public school employees’ pay pursuant to a 2010 law. The issue in AFT, et al v Michigan et al, (Supreme Court Case Nos. 154117 and 154118), stems from a Michigan statute
- Published in Employee Benefits Law, Labor and Employment Law, Litigation
NSBA Guidance for School Districts regarding the Supreme Court Same-Sex Marriage Decision
Sunday, 02 August 2015
On July 9, 2015, we posted a blog summarizing the Supreme Court decision in Obergefell v Hodges, 576 US ____ (2015) which ruled that same-sex marriage is a constitutional right. Now, the National School Boards Association, with the help of the National Education Association and the School Superintendents Association, has issued guidance for school districts
- Published in Employee Benefits Law, Litigation
Same-Sex Marriage is a Constitutional Right
Thursday, 09 July 2015
On June 26, 2015, a sharply divided Supreme Court held that same-sex marriage is a constitutional right. Obergefell v Hodges, 576 US ___ (2015). The Supreme Court’s decision makes clear that the Due Process and Equal Protection Clauses of the federal Constitution’s 14th Amendment requires the States and their political subdivisions to permit and recognize
- Published in Employee Benefits Law, Labor and Employment Law, Litigation
Michigan Supreme Court Decides School Employees Pension and Benefits Case
Sunday, 12 April 2015
The Legislature has significantly amended the Michigan Public Schools Retirement Act (the Act) twice since 2010. The first time, via 2010 PA 75, the Legislature required all public school employees to contribute 3% of their salaries to fund retiree health care benefits. The Court of Claims held this unconstitutional and the Court of Appeals affirmed,
- Published in Employee Benefits Law, Labor and Employment Law, Litigation
No Duty to Bargain Choice of Insurance Premium Hardcap or 80/20 Limitation
Friday, 20 March 2015
The Michigan Court of Appeals has affirmed the Michigan Employment Relations Commission’s January 2014 decision that a public employer’s choice of a “hardcap” or 80/20 health insurance premium cost limitation, mandated by 2011 PA 152, does not constitute a mandatory subject of bargaining. Decatur Public Schools v. Van Buren County Education Association, Court of Appeals
- Published in Employee Benefits Law, Labor and Employment Law
MERC Strikes Down the Enforceability of Union Security Clause Ratified Between the Passage and the Effective Date of “Freedom to Work”, PA 349
Friday, 06 March 2015
The MERC, reversing its administrative law judge, has ruled that a union security clause ratified after the December 11, 2012 passage, but before the March 28, 2013 effective date, of the “Freedom to Work” act, PA 349, is unenforceable, as violative of bargaining unit employees’ rights under the Public Employment Relations Act, “PERA”, including the
- Published in Employee Benefits Law, General Education Law, Labor and Employment Law
Sixth Circuit Breaks Ranks on Gay Marriage Issue
Monday, 10 November 2014
The Sixth Circuit issued its decision in DeBoer v Snyder on November 6, 2014, holding, among other things, that Michigan’s gay marriage ban did not violate the federal constitution. Previously, four other Circuit Courts had invalidated state laws prohibiting gay marriage on constitutional grounds. Thus, the stage is set for potential review by the United States
- Published in Employee Benefits Law, Litigation
ALJ Concludes MEA’s August Window Period is an Unfair Labor Practice
Sunday, 07 September 2014
Administrative Law Judge (ALJ) Julia Stern issued a Decision and Recommended Order on September 2, 2014 concluding that the Michigan Education Association’s (MEA) August window period is an unfair labor practice, in violation of the Public Employment Relations Act (PERA). Saginaw Education Association and Michigan Education Association (SEA and MEA). SEA and MEA involved three
- Published in Employee Benefits Law, General Education Law, Labor and Employment Law
L&A Clears-Up Summer Unemployment Issue
Wednesday, 27 August 2014
A teacher is laid off at the end of the school year but continues to receive compensation over the summer and is called back at the beginning of the next school year. Is he eligible for unemployment benefits over the summer? A teacher is laid off at the end of the school year and called
- Published in Employee Benefits Law, LA News, Labor and Employment Law