January 2012

Yellow NotepadThe Sixth Circuit recently resolved an issue of uncertainty for Michigan employees and employers when it comes to analyzing Family and Medical Leave Act (FMLA) interference claims. Going forward, employees must satisfy the burden-shifting framework common to employment discrimination claims when evaluating FMLA interference claims. 

FMLA Background

The FMLA, 29 USC 2601 et seq., was originally

Security_Computer_Laptop in Chain.jpegMichigan Companies were recently given a new tool for fighting back against trade secret misappropriation and unfair competition.

Specifically, in Actuator Specialties, Inc. v. Chinavare the Michigan Court of Appeals agreed with the trial court’s determination that Actuator Specialties established a threat of misappropriation against its former employee and his new employer. This threat entitled

Pepsi.jpgOn January 11, 2012, the Equal Employment Opportunity Commission (EEOC) reported that Pepsi Beverages agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination. This EEOC charge is a reminder that employers considering or presently using criminal background checks in hiring must tailor the program to meet 

Young and Old Hands.jpgMichigan home health care companies and the home health care industry are facing significant changes under the U.S. Department of Labor’s (DOL) proposed rule change to the Fair Labor Standards Act’s (FLSA) 1975 “companionship exemption.”   

Proposed FLSA Revision 

On December 27, 2011 the DOL published a notice of proposed rulemaking to revise the companionship

Changes Ahead.jpgYesterday the National Labor Relations Board (NLRB) through Chairman Mark Gaston Pearce and Acting General Counsel Lafe E. Solomon announced the appointment of Terry A. Morgan as Regional Director in the Detroit Regional Office (Region 7) with a satellite office in Grand Rapids, MI. 

While the appointment of Ms. Morgan’s appointment is important for Michigan

Under both federal and Michigan law, employers may generally conduct comprehensive background checks on job applicants as long as the employer has obtained the appropriate waivers and does not discriminate in the equal enforcement of the policy. Going beyond this generality, employers and employees should also consider the following:

Employers should view the application process