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Thomas Cedoz

Tom defends clients in complex labor and employment disputes in both state and federal courts. His experience includes collective actions under the Fair Labor Standards Act (FLSA); harassment, discrimination, retaliation and unfair labor practices claims; alleged violations of wage and hour laws; theft of trade secrets; tortious interference claims; collective bargaining and labor arbitrations; noncompetition litigation; and alleged Occupational Safety and Health Administration (OSHA) violations. In addition to his labor and employment work, Tom also has broad experience with general commercial litigation, including breach of contract cases.

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Pen on the contract papers

Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The Michigan Supreme Court does not think so—at least not without closer inspection. In Rayford v. American House Roseville I, LLC, decided on May 23, 2024 (513 Mich 1096), the Court held that contractually shortened limitations periods in adhesive, non-negotiated employment agreements must undergo judicial scrutiny for reasonableness before enforcement. This ruling, penned by Justice Welch and joined by a majority, reverses a Court of Appeals decision and overrules prior precedents, signaling a shift toward greater employee protections in boilerplate contracts. For employers, it is a reminder that one-size-fits-all clauses might not hold up in court.

On January 26, 2023, the Michigan Court of Appeals reversed the lower court decision that would have gone into effect on February 19, 2023. That decision, among other items, would have increased Michigan’s hourly minimum wage to $13.03 and would have greatly expanded the state’s paid sick leave requirements. The Court of Appeals decision means that employers do not have to make changes to their paid sick leave policies that were drafted in compliance with the Michigan Paid Sick Leave Act that went into effect in 2019. Further, businesses no longer have to scramble to adjust minimum wage rates for both tipped and non-tipped workers as required under the lower court decision. Michigan’s hourly minimum wage will remain at $10.10. The tipped minimum wage remains at $3.84 an hour. 

On July 19, 2022, in the decision, Mothering Justice et al., v. Dana Nessel et al. (Nessel), the Michigan Court of Claims (Court)  held that in 2018 the Michigan Legislature unconstitutionally amended two voter-initiatives, the Earned Sick Time Act, PA 338, and the Improved Workforce Opportunity Wage Act (IWOWA), PA 337, by amending the proposals in the same legislative session that the Legislature enacted the two initiatives. The Legislature’s tactic of adopting and amending the voter initiatives subverted the constitutional protections against “legislative interference with the People’s constitutional right of initiative.” The Court’s holding nullified the amendments to the initiatives, 2018 Public Act (PA) 368 (IWOWA) and 2018 PA 369 (renamed as the Paid Medical Leave Act), and reinstated the original, more expansive terms of PA 338 and PA 337.

Remote Work

In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing to work remotely, including changing jobs if necessary. Clearly with help from technology, working remotely is rapidly becoming the new normal for many employees. In response to employee preferences in a tight labor market, employers are pivoting to incorporate remote work into their business models. The pivot can morph into a legal hurdle, though when an employee’s remote work location is outside the state in which the employer is located (employer’s home state).