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U.S. Supreme Court Reinforces Overtime Pay for Daily-Rate Workers

By Tala Dahbour posted 4 days ago
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Holding In Helix Energy Sols Grp, Inc v Hewitt , No 21-984, ___ US ___ (Feb 22, 2023), the respondent employee did not qualify as a bona fide executive subject to exemption from the Fair Labor Standards Act of 1938’s (FLSA) overtime pay guarantee. Daily-rate workers, regardless of income level, qualify as paid on a salary basis only if their compensation meets conditions set out in 29 CFR 541.604(b). Background Michael Hewitt filed an action against his employer, Helix Energy Solutions Group, claiming he was entitled to overtime pay as a covered employee under the FLSA. Despite Hewitt working well over 40 hours per week, Helix paid Hewitt ...
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Q&A with Joseph F. Burke, Chief Judge Pro Tempore, 15th Judicial District Court

By Matthew J. Franson posted 23 days ago
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Joseph F. Burke has sat on the 15th Judicial District Court since February 15, 2012. He was appointed by the Michigan Supreme Court as Chief Judge effective January 1, 2016. He presides over general civil provider cases and drunk driving cases as well as the specialized Sobriety Court docket. Before becoming a judge, he worked in private practice and as an assistant prosecuting attorney for Washtenaw County. Judge Burke has served several local nonprofit organizations as a board member, including Neighborhood Senior Services, Humane Society of Huron Valley (past president), the Washtenaw Council on Alcoholism (past president), and Dawn Farm. He is the current ...
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Community Zoom Recap: Marijuana Update

By Rebekah Page-Gourley posted 02-01-2023
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On Wednesday, January 25, 2023, we held an ICLE Community Zoom discussion about recent developments in marijuana law. John Fraser , Michelle Donovan , Ben Sobczak , and Jerome Crawford joined us to share their insights. Here’s a quick recap of what we covered: Detroit updates. Detroit’s original adult-use ordinance included a legacy program providing Detroit residents priority. That ordinance was challenged on a Dormant Commerce Clause theory and ultimately found unconstitutional. In 2022, the city passed a new adult-use ordinance seeking to correct the issues. The city still wanted to include the social equity component, so they separated equity applicants ...
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Q & A with Judge Tina Yost Johnson, 37th Judicial Circuit Court Judge

By Lindsey A. DiCesare posted 02-01-2023
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Judge Tina Yost Johnson was elected to the 37 th Circuit Court in November 2016, where she presides over the Family Division. Judge Yost Johnson serves on the State Bar of Michigan’s Family Law Council Legislative and Court Rules Committees and the State Bar of Michigan’s American Indian Law Section Executive Committee. She is a member and past president of the Calhoun County Bar Association. Judge Yost Johnson is also a member of the Michigan Judges Association Family Law Committee, and she was the past-public relations chair of the Women Lawyer's Association. For attorneys who have never been to your court, what is your check-in process? I have an amazing ...
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Michigan Supreme Court DEI Commission Update

By Tala Dahbour posted 01-16-2023
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Judge Cynthia Stephens, Retired, served on the Michigan Court of Appeals for 14 years. Judge Stephens was the first African American woman to be appointed to the state Court of Claims bench and served as a judge for Michigan’s Third Circuit Court and the 36th District Court. Her many contributions include serving at the State Bar of Michigan as commissioner and chairing its Justice Initiatives Committee, Communications Committee and Children’s Task Force, and the Diversity and Inclusion Advisory Committee. Michigan Supreme Court Justice Elizabeth M. Welch currently serves as the Justice Liaison on data gathering and transparency in the civil, criminal, ...
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Updated: Changes to the No-Fault Model Civil Jury Instructions

By Matthew J. Franson posted 12-12-2022
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The Committee on Model Civil Jury Instructions has amended the no-fault Model Civil Jury Instructions, Chapters 35 and 36. The amendments reflect the many changes to Michigan’s no-fault laws passed in 2019. Notably, M Civ JI 36.06A was added to the instructions, reflecting the changes to MCL 500.3135(3)(d) providing that a nonresident plaintiff must establish a “threshold” injury to recover economic and noneconomic losses in a tort action. Also among the amendments is a new version of M Civ JI 36.01A defining serious impairment of body function, after the legislature codified McCormick v Carrier , 487 Mich 180 , 795 NW2d 517 ...
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Q&A with Judge Celeste Bell, Judge of the 7th Circuit Court

By Jeff Burtka posted 12-01-2022
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Hon. Celeste Bell was appointed to the 7th Circuit Court bench to fill a vacancy in 2018 and was elected to a full term that November. She currently serves on the court’s Civil-Criminal Division. Before becoming a judge, she worked as a staff attorney with the United States Court of Appeals for the Ninth Circuit, deputy city attorney for the city of San Francisco, assistant corporation counsel for Genesee County, and chief assistant prosecuting attorney in the civil division of Genesee County’s prosecuting attorney's office. When is your motion call? Are there a maximum number of motions heard during motion call? Monday is motion day for my court. Attorneys ...
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Community Zoom Recap: Navigating Issues in Unemployment Insurance

By Tala Dahbour posted 11-14-2022
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On Tuesday, October 25, ICLE hosted a Community Zoom on navigating issues in unemployment insurance, featuring contributors Tony Paris, lead attorney at the Sugar Law Center for Economic & Social Justice, and Jennifer Charnizon, statewide staff attorney at Legal Services of South Central Michigan. With a wealth of knowledge and experience, Tony and Jennifer provided insight on current issues with Michigan unemployment insurance including the current backlog of cases, overpayment, fraud, recent developments in the law, and valuable practice pointers. Below are a few highlights from our discussion: Wage garnishment —Currently, there should not be any Pandemic ...
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Veterans Day 2022

By Max H. Matthies posted 11-04-2022
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In November 1919, President Wilson proclaimed November 11 as the first commemoration of “ the eleventh hour of the eleventh day of the eleventh month ” that ended the “war to end all wars,” calling it Armistice Day. President Eisenhower changed the name to Veterans Day in 1954, and after celebrating the day on the fourth Monday in October (to give folks a three day weekend), Michigan's own President Ford returned Veterans Day to its original, historically significant date of November 11. According to U.S. Census Bureau data, there are about 19 million veterans age 18 and older in the United States, with about 13 million age 50 and older. Recent legislation ...
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Q&A with Judge B. Chris Christenson, Judge of the 7th Circuit Court

By Matthew J. Franson posted 11-01-2022
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Honorable B. Chris Christenson III joined the 7th Circuit as a Family Division judge in January 2021. Previously, he practiced in the areas of criminal defense, business and contract litigation, real estate and construction law, general civil litigation, and probate administration. Active in the State Bar of Michigan (SBM), Judge Christenson served on its board of commissioners from 2007 to 2010 and was recently reelected for a term expiring in 2023. He is also a member of the Centennial American Inn of Court and the Friends of Berston Field House's board of commissioners. Judge Christenson is a past president of the Genesee County Bar Association, a former chair ...
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Q&A with Judge Carol Anne Kuhnke, Judge of the 22nd Circuit Court

By Lisa F. Geherin posted 10-03-2022
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Hon. Carol Anne Kuhnke was elected to her judgeship in 2012 and took the bench in 2013. She is currently the Chief Judge of the Washtenaw County Trial Court and 14A District Court. She hears civil, criminal, adoption, and parental waiver cases, and she started and presides over Drug Treatment Court. Prior to her judgeship, she worked in large and small firms before founding the law firm of Davis & Kuhnke PC in 1997. She worked in civil litigation for 19 years before becoming a judge. Judge Kuhnke has been active in numerous legal and community organizations. She belongs to the American Judges Association, Michigan Judges Association, Michigan Association ...
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Abortion in Michigan since Roe v Wade was overturned

By Lindsey A. DiCesare posted 09-19-2022
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The Supreme Court of the United States ruled on Dobbs v Jackson Women’s Health Org , No 19-1392, ___ US ___ (June 24, 2022), rev’g and remanding 45 F3d 265 (5th Cir 2019), aff’g 349 F Supp 3d 536 (SD Miss 2018), in a 5-3-1 decision . The decision overturned Roe v Wade , 410 US 113 (1973), and Planned Parenthood of SE Pennsylvania v Casey , 505 US 833 (1992), holding there is no longer a federal constitutional right to an abortion. The authority to regulate abortions is now determined by states. Litigation has ensued in Michigan regarding access to abortion post- Dobbs . Michigan has a 1931 abortion ban . See MCL 750.14–.15 . The statute allows ...
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Q&A with Judge Cynthia M. Arvant, Judge of the 46th District Court

By Rachael M. Sedlacek posted 09-07-2022
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Hon. Cynthia Meagher Arvant is a judge for the 46th District Court. Before her appointment to the bench, she served in various roles for the 46th District, including research attorney, magistrate, and court administrator. Judge Arvant was also previously an assistant attorney general. She is a member of the National Association of Women Judges, the State Bar of Michigan, the Michigan District Judges Association, the Women's Bar Association, Oakland Region of the Women Lawyers Association of Michigan, the Oakland County Bar Association, and the Oakland County District Judges Association (past president). She also serves as chairperson of the State Court Administrative ...
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Q & A with Judge Phyllis C. McMillen, Presiding Judge of the Civil-Criminal Division of Oakland County Circuit Court

By Matthew J. Franson posted 08-10-2022
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Hon. Phyllis C. McMillen is the presiding judge of the civil-criminal division of the Oakland County Circuit Court. Judge McMillen previously served as a judge of the 51st District Court in Waterford. She is the past president of the Michigan District Judges Association and the Oakland County District Judges Association. In 2005, Judge McMillen received a Special Recognition Award from the Executive Office of the President, Office of National Drug Control Policy, for her pioneering work in creating sobriety courts. She is a lecturer, contributing author, and faculty member for various state and national organizations. Judge McMillen serves on various executive ...
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July U.S. Supreme Court Opinion Roundup

By Tala Dahbour posted 08-01-2022
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In a turning point in national history, the U.S. Supreme Court 2021-22 term ended with a cascade of seminal decisions. The 6-3 conservative supermajority ruled on gun rights, religion, immigration, environmental law, abortion, and criminal procedural rights among other constitutional questions. While the effect of some of these cases have immediately permeated public policy, such as with state gun regulations and abortion laws, the broader implications of the Court’s turn to constitutional originalism and the overturning of long-standing precedent will continue to have far-reaching effects on future governance. A brief summary of some of the most notable decisions ...
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New Laws Repeal 2020 COVID-19 Liability Protections

By Tala Dahbour posted 07-19-2022
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On July 11, 2022, Governor Gretchen Whitmer signed three bills into law that repeal COVID-19-related protections for Michigan businesses, employers, and employees in 2020 PA 236 , 237 , and 238 . The affected 2020 COVID-19 legislation protected compliant individuals, entities, and employers from liability against COVID-19 related claims and prohibited employer retaliation against employee absence consistent with established COVID-19 legal requirements. The new laws roll back COVID-19 liability protections in the following ways: 2022 PA 139 amends the COVID-19 Response and Reopening Liability Assurance Act, MCL 691.1451–.1460 , by eliminating ...
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Q & A with Judge Jon Van Allsburg, Chief Circuit Judge for Ottawa County

By Tala Dahbour posted 07-14-2022
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Hon. Jon A. Van Allsburg is chief circuit judge for the 20 th Circuit Court in Ottawa County, Michigan, where he is assigned to the Family Division and Business Court. He spent more than 20 years practicing law before joining the bench and has taught business law at both Grand Valley State University and Hope College. Judge Van Allsburg has served in the Family Violence Department of the National Council of Juvenile and Family Court Judges and is a former president of the Michigan Judges Association. He is an honors graduate of the Michigan State University College of Law. For attorneys who have never been to your court, what is your check-in process? ...
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Mandatory Interim Administrator Planning for Lawyers Coming in 2023

By Rebekah Page-Gourley posted 06-17-2022
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On June 15, 2022, the Michigan Supreme Court issued ADM File No 2020-15 , amending State Bar Rule 2, adding State Bar Rule 21, adding Subchapter 9.300 of the Michigan Court Rules, and amending MCR 9.119 . The amendments, effective September 1, 2023, require attorneys in private practice to designate an interim administrator “to protect clients by temporarily managing the attorney’s practice if the attorney becomes unexpectedly unable to practice law.” State Bar Rule 21(A). The State Bar of Michigan (SBM) Receivership Workgroup 2019 recommendation indicated that many Michigan attorneys do not have a sufficient plan in place to protect their clients in the ...
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Q&A with Judge Elian Fichtner, Presiding Judge of the 70th District Court of Saginaw County

By Max H. Matthies posted 06-14-2022
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Hon. Elian E. H. Fichtner was appointed by Governor Rick Snyder to the 70-2 District Court in Saginaw County in April 2018. Before her appointment, she was in private practice for 12 years with Smith Bovill, PC, focusing on probate and estate planning with an emphasis on elder law and elder care issues. In 2021, Judge Darnell Jackson, Chief Judge of the Saginaw County Trial Courts, appointed Judge Fichtner to serve as Presiding Judge of the 70th District Court. Judge Fichtner currently runs the Saginaw County Mental Health Court and has served on a number of boards and commissions throughout the state of Michigan and Saginaw County. She is a member of the Probate ...
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Q & A with Judge Jacob James Cunningham, Circuit Court Judge for Oakland County

By Lindsey A. DiCesare posted 05-13-2022
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Judge Jacob James Cunningham was elected to the bench in November 2018. He currently presides over a family division docket. Prior to his election to the bench, Judge Cunningham was a judicial clerk for the Hon. Wendy Potts and a staff attorney for the Hon. Mary Ellen Brennan. He is a member of the Oakland County Bar Association. Judge Cunningham is also a member of the American Judges Association, Michigan Judges Association, Incorporated Society of Irish American Lawyers, Armenian American Bar Association, International Association of LGBTQ+ Judges, Eastern District of Michigan Federal Bar Association, Michigan Inter-Professional Association, and the Michigan ...
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