Tag: 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…
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…
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…
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…
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…
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…
Racial discrimination claims may lead to Michigan employment litigation
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…
Medical facility criticized for hiring practices
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…
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