Category Archives: Human Resource Law & Compliance

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Pitfalls in Contracting with Employee Staffing Companies

Business owners are increasingly considering the use of outside vendors to meet workforce needs. This is especially true for temporary employees or flexible staffing solutions. But companies must carefully review any contractual terms apply to such workforce situations. Employee Leasing Companies We recently represented a company involved in a lawsuit against a staffing company called … Continue Reading

Addressing Legal Issues in the Hiring Process and Your Job Search

According to the US Labor Department, employers added 156,000 jobs last month. Additionally, the participation rate increased to 62.9%. And the average hourly earnings moved 0.2 percentage points. These figures indicate a steadily increasing U.S. economy. But the Labor Department also found that the unemployment rate last month increased from 4.9% to 5%. A rising unemployment … Continue Reading

Workplace Recommendations for Responding to the Zika Virus

The number of Zika cases being reported in the United States and its territories continues to rise. Such cases were recently reported in Michigan (Ingham County and Monroe County).  For these reasons, it is prudent for Michigan businesses to understand their obligations and precautions that may be taken to limit Zika related risks in the workplace. … Continue Reading

Michigan Employees Find Themselves on the Chopping Block after Dow Corning Layoff Notices

M-Live, by Heather Jordan, reported that Dow Corning Corp. has formally notified the state of its plans to lay off 348 Michigan employees. This layoff follows the June 1, 2016, announcement of the successful completion of restructuring the ownership of Dow Corning joint venture with Midland-based Dow Chemical. Under that restructuring, Dow Chemical Company assumed full … Continue Reading

NLRB Makes Gambling with Your Company’s Employee Handbook a Risky Bet

Employers are once again put on notice that missteps in drafting employee handbooks and other HR policies will be targeted as unfair labor practices where they come within an area code of compromising employee rights under the National Labor Relations Act (NLRA). This time, a California casino was found to have interfered with workers’ labor … Continue Reading

Who is Really Making Your Company’s Employment Law Decisions?

I read a very informative article from the American Conservative titled “The Deciders” by John Hay. The main thrust of the article is that Iraq policy after Saddam Hussein was ousted from leadership is more reflective of decisions made by President George W. Bush’s subordinates than the President himself. Without getting bogged down in politics … Continue Reading

Another Employee Handbook Provision Found to Violate Federal Labor Laws

Another employee handbook did not measure up to the National Labor Relations Board’s (NLRB) scrutiny after it ruled that an employee handbook provision prohibiting employees from having a “conflict of interest” with the employer was facially overbroad and unlawful on its face. See Remington Lodging & Hospitality, LLC, 2015 BL 194198, 362 N.L.R.B. No. 123 (6/18/15). Specifically, on … Continue Reading

Employee Manuals Need Spring Cleaning Thanks to the NLRB

Thanks to the National Labor Relations Board (the NLRB), companies need to add employee manuals to the list of things that need spring cleaning. Specifically, the NLRB’s Office of the General Counsel issued a 3/18/2015 report full of examples of how your company’s employee manual likely violates the National Labor Relations Act (NLRA). For background, any … Continue Reading

Flag on the Play: Court Takes Away Employer’s Victory Because of Mistake in the Employee Manual

This past week saw the Seattle Seahawks skillfully avoid winning back-to-back Super Bowls because of (arguably) bad decision-making (all the Seahawks had to do was move the ball 36 inches into the end-zone – the only other decision worse than passing in that situation was having Katy Perry perform at half-time, but I digress). An … Continue Reading

To Be or Not to Be … An Employee – Second Circuit Expected to Answer Question of When an Intern is an Employee

Is an intern an employee? This question is expected to be answered in the coming weeks – at least for employers in the Second Circuit. Specifically, the Federal Court of Appeals for the Second Circuit Court is expected to answer this question after it reviews two earlier conflicting opinions in two separate cases filed that were … Continue Reading

Proactively Managing Employment Law Risks – Lessons from Brazilian Jiu Jitsu

Outside of being an employment law attorney, I practice Brazilian Jiu Jitsu. It is a grappling based martial art that owes its modern development to the Gracie family, especially Helio Gracie. But it also offers a broader perspective for approaching conflict outside of physical matches. And – since business is rife with conflict – it … Continue Reading
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