One of the most difficult and intimidating aspects of being a municipal employer is managing employee misconduct or poor performance. City, village, township, and county employers are often tripped up by concepts like “at-will employment,” “just cause,” and “wrongful termination,” and the consequences for getting these disciplinary decisions wrong can be disastrous both financially and…
Employee Discipline 101: Best Practices to Minimize Liability and Maximize Productivity for Municipal Staff
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Breaking: Legislators Make 11th Hour Changes to Earned Sick Time Act
The Earned Sick Time Act (“ESTA”) was set to go into effect at midnight, February 21. In a last-minute legislative compromise, the House and Senate passed amendments to the ESTA with less than an hour to spare before the effective date. The amended ESTA keeps much of the originally enacted law intact: It still technically…
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Preparing Your Township to Comply with the New Mandatory Paid Sick Time
A new mandatory paid sick time law will go into effect for all Michigan employers next year. After a lengthy legal battle, the Michigan Supreme Court held in July that the Earned Sick Time Act (“ESTA”) will take effect February 21, 2025, replacing the Paid Medical Leave Act. The ESTA is a broad, employee-friendly law…
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Employees or Independent Contractors? Properly Classifying Assessors, Building Officials, and Other Township Workers
Townships of all sizes rely on workers to carry out basic governmental functions and keep the township running smoothly. Although larger townships may be able to fill out a full roster of township employees and officials on a full-time basis, most Michigan townships rely on a mix of workers, some full time and some less…
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What Every Township Employer Should Know About Discrimination, Harassment, and Hostile Work Environments
Nearly everyone has heard the term “hostile work environment,” and just about everyone has some idea what harassment and discrimination are. But those terms and how they work in the employment setting is very commonly misunderstood by employees, department heads, and elected officials. This confusion can result in misunderstandings, inconsistent application of rules, and, at…
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New Paid Sick Time Requirements That Will Impact Your Business
Federal law does not mandate any amount of paid leave for employees, but Michigan’s paid leave obligations may change in dramatic fashion. In 2018, you may recall there were two employment-related ballot initiatives set to appear on the general election ballot. One of them, the Improved Workforce Opportunity Wage Act (“IWOWA”), aimed to raise the…
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How an Expanded Paid Sick Time Law May Impact Your Township
A change to state law may soon mean that Michigan employers of all sizes (including townships!) will be required to provide paid sick time to employees. For many Michigan townships, this will be the first time that a state-mandated paid leave will apply to their operations. This E-Letter will discuss a recent Michigan Court of…
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ADA in the Township Hall
The Americans with Disabilities Act (“ADA”) and its Michigan counterpart, the Persons with Disabilities Civil Rights Act (“PWDCRA”) are well-known but often misunderstood laws that can have serious impacts on your township’s operations. From employment law landmines to the confusion surrounding service animals, the ADA is filled with pitfalls that can all too easily result…
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W-2 or 1099? How to Utilize Independent Contractors Without Putting Your Township at Risk
Many townships rely heavily on independent contractors for township services. Whether the township uses independent contractors to manage and maintain its cemetery, mow its parks, or clean the township hall, independent contractors are important service providers for many townships. Independent contractors are individuals who operate their own business and offer their services to the general…
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Are Your FMLA Forms Up To Date?
In June, the United States Department of Labor (“DOL”) revised some of its Family and Medical Leave Act (“FMLA”) forms. While the DOL generally reserves form revisions for changes in the law, it appears these revisions were geared towards making the forms more understandable for employers and employees alike. The timeframes for providing employees with…
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Managing Social Media in the Workplace and Change in Overtime Rules for 2019
Where employees used to huddle around the breakroom watercooler, they now huddle around their smartphones. Recent studies report that 69% of U.S. adults use at least one social media site, a staggering 88% of adults under 30 years old use social media in some form, and 77% of employees reported using social media on…
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Township Law Legal Update: Recent Decisions Impacting Zoning and Planning (Part II)
Further exploring the topic of recent zoning and planning decisions discussed in our June 2019 E-Letter (available here), the Michigan Court of Appeals issued other decisions that Townships should read. This month’s E-letter further explores additional court decisions from both the Michigan Supreme Court and Michigan Court of Appeals that impact final decisions of the…
