Employment Law

Preparing for the Imminent Crackdown on Payroll and Employment Practices

Federal and State Law impose a vast framework of laws and rules governing employer obligations and employee rights, creating a spider-web ripe for mistakes, abuse and litigation. On Monday 4/22/2019, Michigan’s new Attorney General Dana Nessel announced her intention…

Read More

Substantiating 401(K) Hardship Distributions – What Do I Have To Prove?

Many 401(k) plans provide that an employee participant can receive a distribution of his or her elective deferrals from the plan on account of a financial hardship. A hardship distribution is only permitted if the employee experiences an immediate…

Read More

YOU BLEEPING “&#+%”

Using the words “you bleeping &#+%” (insert your favorite expletives) is never the best way to motivate your employees. And yet sometimes we still want to say it. How can we encourage our employees to do their best work…

Read More

Contract Attorney’s Quest for Overtime Pay Fails

On December 30, 2015, a federal court in New York dismissed Plaintiff William Henig’s claim against the law firm of Quinn Emanuel Urquhart & Sullivan LLP and the legal staffing firm Providus, for overtime wages…

Read More

Too Soon to Enforce a Non-Compete?

Employers routinely require employees to sign a non-compete agreement, in order to prevent them from taking customers, business opportunities, and confidential information to a competitor. “Continued at-will employment” was historically deemed adequate consideration for such agreements in Michigan. An…

Read More

Gary Remer Joins Hertz Schram, P.C.

Hertz Schram is pleased to announce that Gary Remer, one of Michigan’s top franchise attorneys, joined the firm to lead our Franchise and Employee Benefit Plan practices. Gary will continue to advise business owners, including franchisors and franchisees, on…

Read More

“Most Workers Are Employees” Under The Fair Labor Standards Act

On July 15, 2015, the Administrator for the Department of Labor (“DOL”), issued the “Administrator’s Interpretation No. 2015-1” (hereafter “Interpretation”) regarding “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the…

Read More

Supreme Court Decision Legalizing Same Sex Marriage Has Critical Impact on Michigan Workers and Employers

On June 26, 2015, the United States Supreme Court issued its 5-4 decision in Obergefell et al. V. Hodges, Director, Ohio Department of Health, et al. pertaining to 14 same sex couples and two male same sex partners, now deceased, who…

Read More

Evidentiary Issues In Overtime Claims: A Cautionary Tale

A CAUTIONARY TALE: AN EMPLOYEE WHO PRESENTS NO OTHER EVIDENCE OTHER THAN HIS TESTIMONY CONTRADICTING THE EMPLOYER’S TIMESHEETS AND PAY STUBS CREATES A GENUINE ISSUE OF FACT ALLOWING THE OVERTIME CLAIM TO PROCEED TO A JURY The Sixth Circuit’s…

Read More

Recent Sixth Circuit Decision Expands the Scope of “Protected Activity” Under Title VII Discrimination and May Lead to a “New Breed” of Cases

In a case entitled EEOC v New Breed Logistics, the Sixth Circuit Court of Appeals affirmed the district court’s denial of the defendant-employer’s motions for judgment as a matter of law or a new trial following the jury’s determination that…

Read More

Awards and Accolades