Michigan

Date: September 23, 2013

Associated Builders & Contractors v. City of Lansing – Labor / Employment

Michigan Supreme Court

In this case, plaintiff challenges a City of Lansing ordinance requiring city contractors to pay prevailing wages to employees. ABC contends that the ordinance violates the Michigan Constitution, as the Michigan Supreme Court struck down an identical ordinance, from the City of Detroit, in 1923. Here the lower court ruled that the Lansing ordinance is unconstitutional, and that the 1923 decision remains binding. But, the Court of Appeal reversed. As such, NFIB Legal Center urged the Michigan Supreme Court to affirm its 1923 decision, and emphasized the doctrine of stare decisis.


Cintas v. EEOC – Employment Discrimination

U.S. Supreme Court

The Supreme Court will review a Sixth Circuit decision holding that the Equal Employment Opportunity Commission (EEOC) can pursue a pattern-or-practice claim under Section 706 of Title VII of the Civil Rights Act of 1964 (Title VII).

 

Michigan Building and Construction Trades Council v. Snyder – PLA Agreements

U.S. Court of Appeals for the Sixth Circuit

In July 2011, Governor Snyder signed the “Michigan Fair & Open Competition in Governmental Construction Act,” which prohibits government entities from awarding contracts with Project Labor Agreements (PLAs). Michigan Building & Construction Trades Council, AFL-CIO sued to block the law. In February a federal district court declared the law invalid finding it impermissibly interferes with the National Labor Relations Act (“NLRA”). The state appealed.

The adverse impacts of government-mandated PLAs are well supported, and Michigan has joined a large and growing number of states who have determined that government-mandated PLAs do not serve the states’ interests. After the trial court struck down the first law, the legislature passed an amended law to correct perceived deficiencies. The trial court struck down the amended law. A second appeal followed. 

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If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

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