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Five Stories That Matter in Michigan This Week – July 21, 2023

  1. The Pregnant Workers Fairness Act Took Effect June 27, 2023

A new federal employment law, the Pregnant Workers Fairness Act (PWFA), took effect on June 27, 2023. Pursuant to the PWFA, employers with 15 or more employees are required to provide “reasonable accommodations” to nursing and pregnant employees unless it would cause “undue hardship.”

Why it Matters: Failure to abide by the PWFA can expose employers to liability, including back pay, reinstatement, and reasonable attorney’s fees for an affected employee.


  1. Cannabis to be Removed from State of Michigan Pre-employment Drug Tests Starting This Fall

Beginning October 1, 2023, cannabis will be removed from pre-employment drug tests for most state jobs following a recent vote from the Michigan Civil Service Commission.

Why it Matters: Jobs that require a commercial driver’s license, operate heavy machinery, law enforcement, and healthcare workers are among the sectors not included in this change and still prohibit cannabis use. Learn more.


  1. CRA Publishes June 2023 Data, Average Price Decreases Slightly

Per data from the Cannabis Regulatory Agency, the average retail price for adult-use sale of an ounce of cannabis is $89.27, a small decrease from $90.64 in May. This is still a large decrease from the average price in June 2022, when it was $122.43.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.


  1. Client Alert: PCORI Fees Due by July 31, 2023!

In Notice 2022-59 the Internal Revenue Service set forth the PCORI amount imposed on insured and self-funded health plans for policy and plan years that end on or after October 1, 2022, and before October 1, 2023.

Why it Matters: Notice 2022-59 sets the adjusted applicable dollar amount used to calculate the fee at $3.00. Specifically, this fee is imposed per average number of covered lives for plan years that end on or after October 1, 2022, and before October 1, 2023. For self-funded plans, the average number of covered lives is calculated by one of three methods: (1) the actual count method; (2) the snapshot method; or (3) the Form 5500 method. Learn more from your Fraser Trebilcock attorney.


  1. Supreme Court Strikes Down Affirmative Action in Higher Education

On June 29, 2023, in a 6–3 decision, the U.S. Supreme Court ruled that Harvard’s, and the University of North Carolina’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, as well as Title VI of the federal Civil Rights Act.

Why it Matters: The Supreme Court held that both universities’ admissions programs violated equal protection. While the Court had permitted race-based college admissions as an exception to the Equal Protection Clause in the past, it did so on the basis that such programs satisfy the “strict scrutiny” standard, could not utilize race as a stereotype, and had to be finite. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | Dave Houston
Cannabis Law | Sean Gallagher
Employee Benefits | Bob Burgee
Employee Benefits | Sharon Goldzweig
Higher Education | Ryan Kauffman