employment law Archives - www.hertzschram.com

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 to crack down on abuse and theft associated with misclassifying workers to avoid paying full wages, […]

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Too Soon to Enforce a Non-Compete?

Employment Law / Hertz Schram

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 employer could discharge an employee for any reason at any time and, subject to considerations of

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

Employment Law / Hertz Schram

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 challenged the constitutionality of the state laws of, Michigan, Kentucky, Ohio and Tennessee. The Supreme Court

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Evidentiary Issues In Overtime Claims: A Cautionary Tale

Employment Law / Hertz Schram

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 opinion in Moran v Al Basit LLC, et al, decided on June 1, 2015, provides crucial guidance to

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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

Employment Law / Hertz Schram

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 New Breed’s supervisor engaged in sexual harassment and retaliation under Title VII. During the trial, plaintiff

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

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

Employment Law / Hertz Schram

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 Circuit Court of Appeals affirmed the Eastern District of Michigan’s dismissal of the Equal Employment

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Racial discrimination claims may lead to Michigan employment litigation

Commercial Litigation / Hertz Schram

There is a fine line that both employers and their employees walk each day to create a balanced and functional workplace. Each side has responsibilities to uphold and expectations to maintain. Employees expect to be treated with respect and compensated for a job well-done. Employers also have expectations for their employees to meet, such as

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Medical facility criticized for hiring practices

Commercial Litigation / Hertz Schram

One Texas hospital has recently been criticized in the media for its hiring policy. Any time that a business, regardless of size, institutes a policy regarding employees, such as a hiring policy, there is a potential for a dispute with existing or potential employees, this can leads to employment litigation and a need for a

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employment law

Preparing for the Imminent Crackdown on Payroll and Employment Practices

Too Soon to Enforce a Non-Compete?

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

Evidentiary Issues In Overtime Claims: A Cautionary Tale

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

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

Racial discrimination claims may lead to Michigan employment litigation

Medical facility criticized for hiring practices

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