Steven H. Schwartz & Associates, P.L.C.

Genetic Information
Realizing the Promise of Arbitration
Amendments to the FMLA
SUPREME COURT CLARIFIES STATUTE OF LIMITATIONS IN PAY DISCRIMINATION CLAIMS
Six Things to Look for In Your Next Employment Contract
Michigan Codifies Garrity Rights for Law Enforcement Officers
Clarification of Garg and Evidence of Discrimination Occurring Outside the Statute of Limitations
Sixth Circuit Encourages En Banc Review of Arbitration Timeliness Disputes
Prescription Contraceptives
Michigan Minimum Wage Law

Prescription Contraceptives

Schipper | 01 November, 2006 12:11

The Michigan Civil Rights Commission recently issued a ruling that declares an employer may not exclude prescription contraceptive drugs from a health plan that covers other prescription drugs. The MCRC deems the selective exclusion of prescription contraceptives to be gender discrimination and to disproportionately affect women. It should be noted that the MCRC's rulings are not law, however, courts may rely on such rulings as persuasive in their determination of discrimination. The federal Equal Employment Opportunity Commission issued a similar ruling in the past, and some federal district courts did rely heavily on the EEOC's ruling in their opinions, which found that employers that exclude prescription contraceptives from their otherwise comprehensive drug plan discriminate on the basis of gender.

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Michigan Minimum Wage Law

Schipper | 01 November, 2006 12:06

The Michigan minimum hourly wage is to increase to $6.95 on October 1, 2006, to $7.15 beginning July 1, 2007, and to $7.40 beginning July 1, 2008. Because of interplay between the Federal Fair Labor Standards Act ("FLSA") and Michigan Wage & Hour Law, practitioners generally agreed that several classes of previously exempt status employees would be considered non-exempt, eligible for overtime, employees because of the minimum hourly wage amendments to the Michigan law.

However, recent legislation mostly avoids this outcome. The Governor has signed legislation that largely maintains the classes of exempt and non-exempt employees as they applied before the minimum wage increases; except for some classes of home health care providers, childcare providers, and agricultural workers.

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