Attorney Michael J. Weikert Joins the Firm as Of Counsel

Colombo & Colombo, P.C. is pleased to announce that attorney Michael J. Weikert has joined the firm as Of Counsel. Mr. Weikert is experienced in all areas of business litigation, with specific expertise in auto dealership law, franchise law, consumer warranty and construction law. He has represented businesses and individuals in both state and federal courts in diverse areas of the law, including new motor vehicle dealerships, state and federal franchise law, real estate and construction law, family law, personal injury, product liability, business torts, contract/UCC law and partnership and corporate law.

A skilled negotiator and accomplished litigator, Mr. Weikert is known for his creative problem solving and proven ability to litigate complex commercial disputes, to negotiate settlements and to achieve optimal results for his clients. He has been designated a Michigan Super Lawyers’ Top-Rated Franchise & Dealership Attorney for the past seven consecutive years. Mr. Weikert maintains his own practice, The Weikert Law Firm, PLLC. Learn more about Michael and The Weikert Law Firm at www.weikertlaw.com.

Founded in 1905, Colombo & Colombo, P.C. has an unrivaled legacy of providing legal counsel to automobile dealerships and their associations. The firm helped create some of the nation’s first automobile dealer associations and has been extensively involved in representing automobile dealerships and their trade associations ever since.

The firm’s attorneys have been instrumental in handling legal issues regarding contract disputes, class actions, “lemon lawsuits”, odometer fraud, Truth in Lending violations, franchise disputes, No-Fault and auto negligence, Secretary of State related matters, EEOC actions, wrongful termination, sexual harassment, discrimination and FMLA related claims, to mention a few.

Estate Plans for Children Going to College: Are they Needed?

By Alycia P. Wesley, Estate Planning Attorney at Colombo & Colombo, P.C.

Do you have a child away at college this year? Although he or she may not have substantial assets to protect or distribute if something unfortunate should happen, it may be beneficial to look into having your child execute powers of attorney for health care and financial management.

In Michigan, your child is considered an adult at 18 and, without a properly drafted and executed Durable Power of Attorney for Health Care naming a parent to act as the child’s agent in the event of the child’s incapacity, you, as a parent, may be unable to access your child’s medical information or make medical decisions on their behalf should they be unable to do so.

By having your child execute both a Durable Power of Attorney for Health Care, including a HIPAA authorization, and a Durable Power of Attorney for Financial Management, you will have access to your child’s medical information and can assist with his or her treatment if necessary and you will be able to access your child’s financial and banking information and assist with managing those assets as well.

If you would like to schedule a time to discuss this topic in more detail, or to talk about reviewing and updating your estate plans and executive powers of attorney, please contact us by calling 248-645-9300.

Court Rules Michigan Employers Can Refuse to Hire Medical Marihuana Users

In a recent unpublished opinion, a Michigan state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marihuana during a mandatory pre-employment drug test. Eplee v. City of Lansing, 2019 Mich. App. LEXIS 277 (Feb. 19, 2019).

This is at least the second decision involving failed drug tests, medical marihuana, and the MMMA; both were decided in the employer’s favor. This state appellate court decision focused on the following MMMA provision:
“A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act . . .” The court held the MMMA did not make medical marihuana users a protected class and did not “provide an independent right protecting the medical use of marihuana in all circumstances.

The court distinguished the outcome in this case from that in a trio of cases in which a separate Michigan appellate court panel held medical-marihuana-using employees discharged for failing an employer’s mandatory drug test were entitled to state unemployment benefits. In that instance, the employees had a right to unemployment benefits that was denied based on their medical marihuana use. However, in the more recent case, the applicant did not have a right to, or property interest in, employment with the city.

Instances involving applicant or employee use of medical and/or recreational marihuana are becoming more common. More infrequent, however, are decisions clarifying whether or how these laws address marihuana use in the employment context.
Accordingly, employers should consult knowledgeable counsel when determining whether and how to develop and apply drug testing policies and procedures.

If you would like to schedule a time to discuss this topic in more detail, or to talk about reviewing and updating your employee policies, please contact us by calling 248-645-9300.

Paid Medical Leave Act

On December 14, 2018, the Paid Medical Leave Act (“PMLA”) was signed into law and becomes effective on March 29^th of 2019. The PMLA applies to dealers who employ 50 or more employees and requires that they grant eligible employees up to 40 hours of paid medical leave annually. The paid medical leave can be used for a variety of reasons, including in cases of an employee’s own illness/injury or during an illness/injury to one of their listed family members.

There has been some confusion regarding what additional steps would be needed to ensure compliance with the PMLA. Fortunately, it appears most dealers are already in compliance for most, if not all their employees. The PMLA provides a rebuttable presumption of compliance if the employer already provides at least 40 hours of paid time off, which includes any paid vacation days, paid personal days, or paid time off. Dealers who already provide this to employees are presumed to meet the new law’s requirements.

Regardless, dealers should still be aware how paid medical leave is calculated. Under the PMLA, paid medical leave accrues for eligible employees at a rate of at least one hour for every 35 hours worked. This requirement is capped at 40 hours of paid medical leave per benefit year and one hour per week. Employees can carry over accrued hours to the next benefit year, but an employer need not allow use of more than 40 hours in a single benefit year. Accrual of medical leave begins upon the effective date of the law, or upon commencement of an employee’s employment.

The PMLA also provides an employer the option of simply providing 40 hours of paid medical leave at the beginning of each benefit year. The PMLA also provides options as it relates to notice requirements, employee leave usage, and other relevant provisions.

The Department of Licensing and Regulatory Affairs (LARA) will be providing posters summarizing the law which dealers will be required to post. These will become available closer to when the law comes into effect in March. Once provided, the poster should be placed alongside the other employment information materials already posted. Additionally, each dealer should have a written policy/guide on Paid Leave and Paid Medical Leave to ensure compliance with the PMLA.

If you need assistance developing and implementing a policy, we recommend you contact a member of the Dealer Practice Group below, who can assist you in complying with these new requirements at 248-645-9300 or by email.

Chuck LeFevre – CAL@colombopc.com
Lawrence F. Raniszeski – LFR@colombopc.com
Eric R. Bowden – ERB@colombopc.com
Alycia Pallach Wesley – APW@colombopc.com
Nicholas J. Ranke – NJR@colombopc.com