October 1, 2022

Volume XII, Number 274

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September 30, 2022

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2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

Earlier today on July 29th, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.

In agreeing to stay the ruling for 205 days, until February 19, 2023, Judge Shapiro rejected the request for a stay pending appeal. He said that any further stays would have to be granted by the Michigan Court of Appeals or Michigan Supreme Court. A request for a stay until the case is fully decided has not yet been filed with the appellate court—but is expected.

Employers can breathe a sigh of relief for now, but they may want to keep an eye on this case, given the significant differences between the amended versions of the laws that are currently in effect (and will remain in effect during the stay) and the original ballot initiatives.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 212
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About this Author

Daniel Cohen, Employment, Litigation, Ogletree, Michigan
Shareholder

Mr. Cohen has counselled management and represented employers in all aspects of labor law, employment law and litigation exclusively since 1988.  Before joining Ogletree Deakins, he had been a founding principal of a respected local boutique for more than 16 years.  A large part of his practice involves the assistance of human resource professionals with the administration of workplace policies and procedures with an emphasis on litigation avoidance, wage and hour compliance, workplace violence prevention, affirmative action, union negotiations and contract...

248-723-6165
Josh Lushnat, Employment Litigation, Ogletree Deakins, Attorney, Detroit, Michigan
Associate

Josh is an associate in Ogletree Deakins’ Detroit Metro office. He represents employers in a variety of complex litigation matters in both state and federal courts. Mr. Lushnat also represents employers in various administrative proceedings and is involved in advising and counseling employers to reduce their potential exposure to litigation.

Prior to joining Ogletree Deakins, Josh practiced with a general practice business litigation firm handling a variety of matters, including employment litigation, commercial litigation, and class actions. He...

248-723-6140
Lauren D. Harrington Associate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Associate

Lauren Debra Harrington is an associate in the Detroit (Metro) office. She concentrates her practice on employment litigation in all areas of labor and employment law, including disputes involving retaliation, discrimination, harassment, unfair competition & trade secrets, whistleblower, and wage and hour claims. Lauren also counsels clients and provides services related to employee benefits, ethics compliance, staffing and workplace safety and health. Lauren has experience in both state and federal court, as well as with matters before administrative agencies.

...
248-723-6164
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