Notwithstanding some tendencies and practices to the contrary (not within your district, of course), the Michigan Open Meetings Act does not authorize a board of education to meet in closed session whenever a “personnel matter” is to be considered. This catch-all phrase is simply not found within the text of the OMA.


The Michigan Employment Relations Commission (“MERC”) released four relevant decisions in August.   In three cases, the MERC adopted the Administrative Law Judge’s (“ALJ”) decision and dismissed the charging party’s claims in full.  In one case, the MERC adopted the ALJ’s decision finding the Employer engaged in violations of the PERA.  Summaries of these decisions are
The Court of Appeals, in a recent decision, significantly improved our ability to identify violations of the Headlee Amendment; which, among other things, prohibits the State from increasing the burdens it places on local units of government (including school districts) without corresponding increases in funding.  Taxpayers for Michigan Constitutional Government v State of Michigan, Case
Lusk Albertson, PLC, is pleased to announce that its founding member, Robert Lusk, has been recognized as one of the Best Lawyers in America for his work in the areas of Education Law and Labor and Employment Law.
The Family and Medical Leave Act (“FMLA”) can be difficult to navigate, as an employer recently learned in Dyer v Ventra Sandusky, LLC, Case No. 18-3802 (August 8, 2019).  The case involved an employee, Jerremy Dyer, who used intermittent FMLA leave for his migraines – resulting in his absence from work several days per month.  The employer


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