Back in July, I reported on the oral arguments before the Michigan Supreme Court in In re Advisory Opinion on 2018 PA 368 & 369. As you will recall, the Supreme Court was asked to advise on whether the “adopt and amend” process utilized by the Michigan Legislature with regard to the Paid Medical Leave Act (PMLA) and the Improved Workforce Opportunity Act was constitutional.
I would have thought that the Supreme Court would have weighed in by now, given it held oral argument during the middle of its summer break. I can only guess that there will be a strong dissent opinion and perhaps some separate concurrence opinions. Hopefully, the Supreme Court will issue an advisory opinion soon.
But, what should employers be doing now that 2019 is coming to an end? Unlike the Family and Medical Leave Act (FMLA), which becomes an issue when an employee indicates his or her need for a leave of absence, the PMLA grants most every non-exempt employee who worked, on average, 25 or more hours a week during the immediately preceding calendar year, 40 hours of paid time off that can be used for the purposes identified in the act.
So, this is just a reminder to audit your employee’s hours for 2019. Some employees who have been treated as full-time may no longer qualify if they took time off under the FMLA, for example. More importantly, other employees who were thought to be part-time, may have worked sufficient hours to become eligible for paid leave under the PMLA. So, run a report and make sure that you are applying the PMLA correctly as you head into 2020. Of course, this might all change when the Supreme Court rules!
PS, don’t forget that the Fair Labor Standards Act’s new regulations for the white collar exemptions take effect in a couple of weeks as well. So, in case you are wondering what you can do over the holidays, consider auditing your exempt employees’ salaries to ensure they can still be treated as exempt!
Yep, employment law – it’s the gift that keeps on giving!
- Of Counsel
An of counsel attorney in the firm’s Detroit office, Claudia D. Orr exclusively represents and advises employers and management in employment and labor law matters.
Ms. Orr has an ever-growing practice in Alternative Dispute ...
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Labor Law
- Employment Discrimination
- Wage & Hour
- Minimum Wage
- Department of Labor (DOL)
- Employment Agreement
- National Labor Relations Act
- Civil Rights
- Noncompete Agreements
- Equal Employment Opportunity Commission (EEOC)
- National Labor Relations Board (NLRB)
- Human Resources
- At Will Employment
- Contract Employees
- Fair Labor Standards Act (FLSA)
- COVID-19
- Americans With Disabilities Act (ADA)
- National Labor Relations Board
- Coronavirus
- Tax Law
- Family Medical Leave Act (FMLA)
- Whistleblower Protection Act
- Federal Trade Commission
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- OSHA Issues
- Title VII
- Civil Litigation
- Settlements
- Retaliation
- Sick Leave
- Unemployment Benefits
- Workplace Harassment
- Contracts
- Transgender Issues
- Accommodations
- First Amendment
- Hostile Work Environment
- Business Risk Management
- Public Education
- ERISA
- Workers' Compensation
- Cannabis
- Department of Justice
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Civil Rights Litigation Filed by Christian Employers Gets New Life Following Federal Appellate Court Ruling
- Michigan Supreme Court Clarifies Minimum Wage Decision
- Judge Strikes Down Federal Ban on Non-compete Agreements
- Michigan Employers Can Legally Resist Union Organizing Efforts
- Michigan Supreme Court Decision Reinstates Previous Versions of Wage Laws
- Union Power in Michigan: Is it Real or Imagined?
- Employers Should act Now to Address Rising DOL Salary Thresholds for Exempt Employees
- Is This the end of the Employee Non-Compete Clause?
- Tax Considerations When Settling an Employment Claim 2.0
- DOL Finalizes Rule Tightening Independent Contractor Test