Employment Law

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…

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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…

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Refusal to Accommodate Telecommute Request Does Not Violate ADA…In Certain Situations

An Employer’s Refusal to Accommodate an Employee’s Request to Telecommute Is Not A Violation of the Americans With Disabilities Act Where Regular and Predictable On-Site Attendance Is An Essential Job Function On April 10, 2015, an en banc panel of the Sixth…

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Effective and Enforceable Noncompetition Agreements with Employees – Reasonableness is the Key

Businesses often protect their goodwill, customers, and historical and future success through requiring that key employees enter into restrictive covenant agreements that restrict the employee’s activities during the employee’s employment and for a period of time after the employment…

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Sixth Circuit Court Of Appeals Rules Jury Will Determine Whether Worker Is An Employee Or Independent Contractor

The Sixth Circuit Court of Appeals’ decision on March 25, 2015, in Keller v Miri Microsystems LLC provides crucial guidance to workers and businesses regarding the misclassification of a worker’s status as independent contractor rather than employee. Independent contractors are not entitled…

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Congratulations Joe Bellanca

Joseph A. Bellanca, an entertainment and intellectual property attorney at Hertz Schram PC, has been named a 2014 Up & Coming Lawyer by Michigan Lawyers Weekly. This prestigious honor is awarded to attorneys in the state of Michigan…

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Awards and Accolades

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