Labor and Employment

As the school year winds down, we remind school officials of Revised School Code (RSC) Section 1236 and how it affects a substitute teacher’s rights to continued employment, compensation, and fringe benefits. The Michigan Court of Appeals has interpreted “substitute teacher” to mean, for purposes of Section 1236, a teacher who serves in place of…

To avoid an unintended contract extension or acquired tenure status, school officials must follow statutory timelines and procedures to non-renew a probationary teacher’s contract. Probationary Period Following the recent Teachers’ Tenure Act amendments, teachers acquire tenure when they have: (1) received an “effective” or “highly effective” evaluation rating on three performance evaluations, including their most…

Revised School Code (RSC) Section 1229 establishes deadlines, timelines, and procedural requirements to nonrenew a school administrator’s employment contract. To comply with the statute, the nonrenewal process must begin at least 90 days before a particular administrator’s employment contract terminates (e.g., no later than April 1 for a contract that ends June 30). The sample…

As school officials prepare to negotiate teacher collective bargaining agreements (CBA), effective preparation goes beyond merely reviewing budgets and timelines. School officials can set themselves up for success by entering the process with a clear understanding of their school’s legal obligations and the teachers’ union’s interests. Developing a strategy that adheres to the law and…

As school officials approach contract negotiations with teacher or support staff unions, thorough preparation is essential to achieving a fair, sustainable, and legally compliant collective bargaining agreement (CBA). Effective preparation not only helps to ensure that the school’s goals are clearly defined and collectively supported, but it also promotes positive labor-management relations and reduces the…

As explained in our February 24, 2025, E-Blast, under Public Act 1 of 2025, Michigan’s minimum wage will increase as follows for staff who are not exempt from Fair Labor Standards Act minimum wage requirements (e.g., hourly staff members): January 1, 2026: $13.73/hour January 1, 2027: $15.00/hour By November 1 of each year, starting in…

Employee social media posts may present challenges for schools already seeking to manage the charged political atmosphere, as was the case for some schools following Charlie Kirk’s recent assassination and other political and social issues. This article discusses the scope of school employees’ First Amendment rights, and the factors school officials should consider before disciplining…

Individualized development plans (IDPs) play a vital role in helping school officials evaluate probationary teachers and tenured teachers exhibiting disciplinary or performance deficiencies. The Teachers’ Tenure Act requires that all probationary teachers receive an IDP developed by an “appropriate” administrator in consultation with the teacher. Revised School Code Section 1249 also mandates that schools implement…

When hiring a new employee, the Revised School Code requires that schools: (1) obtain a criminal history and criminal records check from both the Michigan State Police (MSP) and the FBI; (2) perform an “unprofessional conduct” check; and (3) ascertain certification status when necessary. Schools should also ensure that each applicant completes and signs USCIS…