AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
The Michigan Supreme Court recently held in Rayford v. American House Roseville I LLC that courts must review for reasonableness provisions in employment contracts that limit the amount of time within which an employee may...more
On July 31, 2025, in Rayford v. American House Roseville I, LLC, the Michigan Supreme Court ruled that contractual time limitations for employment lawsuits must pass a reasonableness test....more
The Michigan Supreme Court recently declined to weigh in on an important question about whether the state’s cap on non-economic damages in medical malpractice lawsuits violates the Michigan Constitution. (In re Certified...more
Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more
On July 31, 2025, the Michigan Supreme Court changed the test for enforceability of contractually shortened claim limitation periods in Rayford v American House. Employers often shorten the statute of limitations of...more
The Michigan Supreme Court just ruled that many boilerplate forms employees sign on day one – sometimes known as adhesive employment agreements – are no longer automatically enforceable if they shorten the timeframe for...more
On July 31, 2025, in Tamika Rayford v American House Roseville, LLC d/b/a American House East I and American House, the Michigan Supreme Court held that boilerplate employment agreements that shorten the limitations period to...more
In a decision with implications for election oversight and administration, the Michigan Supreme Court has ruled that political parties have standing to bring challenges in jurisdictions that fail to appoint an equal number of...more
Earlier this week, the Michigan Court of Appeals issued its opinion in FCA US, LLC v. Kamax Inc., et al., the latest in a string of court decisions interpreting the enforceability of supply chain contracts in the wake of the...more
Sometimes an expected result is still newsworthy. On March 27, 2025, in Kircher v Boyne USA, Inc., the Michigan Supreme Court held that there is no independent cause of action for breach of the implied covenant of good faith...more
The Michigan legislature amended the state’s Wage Act on Feb. 20, 2025, in a compromise measure that accelerated the schedule of minimum wage increases but staved off a complete phaseout of the tip credit for workers who...more
Michigan’s Earned Sick Time Act (ESTA), scheduled to take effect on February 21, 2025, was amended on February 20, 2025, to provide additional clarity and administrative ease. ...more
Under the Michigan Occupational Code, residential building, maintenance and alteration contractors must be licensed to perform certain types of work. The Michigan Supreme Court held in Stokes v. Millen Roofing, 649 N.W.2d 371...more
Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts. These decisions are critical as requirements contracts are common features across...more
The AirBoss saga continues… This holiday season, AirBoss Flexible Products Co. received a monumental legal victory, righting a costly wrong in MSSC, Inc. v. AirBoss. The Court awarded AirBoss nearly $3.5 million in damages,...more
Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more
In a court opinion that borrowed at length from the infamous “My father made him an offer he couldn’t refuse” scene from The Godfather, Warner’s client AirBoss Flexible Products prevailed in a high-profile supply chain...more
In a landmark decision in Mothering Justice v. Attorney General, the Michigan Supreme Court has ruled on the constitutionality of legislative actions surrounding the Improved Workforce Opportunity Wage Act (Wage Act) and the...more
Rather than enacting without change, the Legislature substantially amended the ballot initiative and enacted such amended initiative into law. This action ultimately resulted in litigation to determine whether the...more
Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more
S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024) Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving...more
Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now...more
On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more
Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more