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Governor Whitmer Extends Authorization for Public Bodies to Meet Remotely

On April 14, 2020, Governor Gretchen Whitmer issued Executive Order 2020-48 (the "Order"), extending the ability of public bodies to conduct remote public meetings through May 12, 2020. The Order rescinds Executive Order...more

COVID-19: Michigan Temporary Extensions of Freedom of Information Act Deadlines

As anticipated, on April 5, 2020, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-38 suspending “strict compliance” with the required response periods under the Freedom of Information Act (“FOIA”), 1976 PA 442, as...more

COVID-19: DOE Guidelines on Student Privacy

The U.S. Department of Education (DOE) has issued guidance in the form of Frequently Asked Questions to assist school officials with how to protect student privacy under the Family Educational Rights and Privacy Act (FERPA),...more

Governor Whitmer Issues Executive Order Authorizing Meetings of a Public Body to be Held Electronically

On March 17, 2020, Governor Gretchen Whitmer issued Executive Order 2020-15 (the "Order"), suspending "strict compliance" with Section 3 of the Open Meetings Act, 1976 PA 267 (the "Act"), until April 15, 2020 at 11:59 p.m....more

Michigan Court Confirms that Public Employers May Enforce Zero-Tolerance Drug Policies

The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more

Department of Education Proposes New Rules to Govern Title IX Compliance

The Department of Education has issued a Notice of Proposed Rule Making to amend the federal regulations governing Title IX compliance. The proposed rules would replace prior guidance and represent a radically different...more

Approval of Michigan Marijuana Proposal Brings Changes for Employers

Michigan voters have approved Proposal 18-1 ("the Act"), which will legalize possession, use and cultivation of marijuana, marijuana products and industrial hemp by persons 21 years of age and older. The Act also authorizes...more

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

Court of Appeals Holds Email Deliberations Among a “Quorum" of a Public Body Violates the Open Meetings Act

The Michigan Court of Appeals has ruled that email deliberations among a quorum of public body members violates the Open Meetings Act. The Nov. 1, 2016, unpublished opinion was issued by a three-judge panel in the case of...more

Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,...more

Court OKs Unemployment Benefits for Some Michigan Medical Marijuana Users

An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals...more

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