Tag Archives: Jason shinn

Court Blocks LinkedIn From Restricting Access to User Profiles

A Federal Judge recently blocked LinkedIn from restricting another company from using data from LinkedIn’s website. The suit involves Linkedin and hiQ Labs, Inc. The suit also has significant ramifications for job-seekers and employers. See LinkedIn Profiles Used to Alert Employers Which Employees are Job-Hunting. hiQ Labs Business Depends Upon Access to LinkedIn Profiles hiQ Lab offers data … Continue Reading

Proposed Legislation To Improve and Expand Michigan Business Courts

Proposed legislation would revise Michigan’s business courts. It would provide several revisions, including a change that will be important concerning non-compete disputes. Michigan experimented with creating a “business court” docket in 2011 in Macomb County Circuit Court. The experiment expanded into Kent County in March 2012 and Oakland County in July 2012. Then in 2013, Michigan … Continue Reading

Uber’s Autonomous Vehicle Program Continues but Without its Key Engineer

On Monday, May 15, 2017, Uber Technologies, Inc. narrowly sidestepped what could have been a complete shutdown of its autonomous vehicle program. Specifically, a federal district court judge declined to issue a temporary injunction against Uber and its self-driving car program. A copy of the order is available here, Waymo LLC v. Uber Technologies, Inc. (5-15-2107). … Continue Reading

Revising Non-compete Law to Eliminate Unfair Competition

Non-compete agreements are intended to prevent unfair competition. But they often create unfair advantages against employees and start-ups. And these unfair advantages adversely affect individuals and the overall economy. At least that is the take-away from a recent op-ed in the New York Times. Noncompete Restrictions and the Economy Specifically, Prof. Orly Lobel wrote in Companies Compete but … Continue Reading

Religion and LGBT Discrimination – Who is Protected Under Title VII

Last year we reported on an important LGBT case involving a Michigan corporation that fired a transgender female employee (EEOC v. R.G. & G.R. Harris Funeral Homes, Inc.). The Equal Employment Opportunity Commission (EEOC) argued Title VII’s ban on sex discrimination prohibits bias based on gender identity. The funeral home’s majority shareholder claimed the termination was … Continue Reading

Employment Agreements Found Unlawful by NLRB

Employers should carefully evaluate their employment agreements with a focus on eliminating provisions that may be unlawful, given a recent National Labor Relations Board (NLRB) ruling. Specifically, DISH Network was ordered on April 13, 2017, to revise or rescind its employment agreements after the NLRB found the agreements contain provisions that violate federal labor law. See … Continue Reading

Ex-Worker Sued for Accessing Former Employer’s Google Drive Account

A former employee’s accessing a Google Drive he set up for his employer may result in a violation of the federal Computer Fraud and Abuse Act (CFAA). This case also serves as a reminder to carefully evaluate how your company uses any third-party services like Dropbox, Google Drive, etc. Computer Fraud and Abuse Act Background … Continue Reading

Revisiting Your Whistleblower Protection Compliance Game Plan

On February 3, 2017, the Michigan Supreme Court issued a ruling involving Michigan’s Whistleblowers’ Protection Act (WPA). The ruling requires employers to carefully evaluate any changes made to an employee’s position, job duties, and working conditions after that employee raises concerns that may be protected activity under the WPA. Otherwise, an employer may be setting … Continue Reading

Hiring the No. 2 Guy on al-Qaeda’s Hit List: An Uber-Example of Limitations in Employee Background Checks

If you recently used Uber in Florida, did you check to see if your driver was Terry Jones? If Mr. Jones’ name or his significance is not immediately apparent to you, don’t worry, Uber apparently had no clue either. The Washington Post reported (by Faiz Siddiqui) that Uber hired Terry Jones. He is the (in)famous preacher … Continue Reading

What President Trump’s Supreme Court Nominee Means for Employment Law Cases

On January 31, President Trump announced that his U.S. Supreme Court nominee is Neil Gorsuch. Judge Gorsuch sits on the U.S. Court of Appeals for the Tenth Circuit. If confirmed, he would fill Justice Antonin Scalia’s seat. Judge Gorsuch authored a dissenting opinion that exemplifies how he will likely affect employment law decisions if he … Continue Reading

What the Trump Transition Teaches About Social Media Legal Issues Facing Companies

Companies focus on maximizing social media strategies to promote the business. This week’s transition between the Obama and Trump administration highlighted numerous social media issues that employers need to pay close attention to concerning business and employee social media issues. Social Media Use – Two Presidential Approaches President Barack Obama was the first President to use … Continue Reading

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

Labor Department Seeks Information From Employers and Employees About FMLA

On October 28, 2016, the Department of Labor (DOL) gave notice that it is seeking comments from employers and employees about the Family and Medical Leave Act (FMLA). The notice is available here Federal Register. The comments will be used to develop and administer two surveys in 2017 and 2018. According to the DOL, these … Continue Reading

Detroit Casino Sued for Violating Americans with Disabilities Act

Detroit’s Greektown casino was sued on October 3, 2016, by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly violating the Americans with Disabilities Act (ADA) by denying a reasonable accommodation to and then firing an employee because of his disability. The former employee, Michael Lepine, was a pit manager for Greektown Casino. The lawsuit … Continue Reading

Michigan Joins Quest to Block New Overtime Rule

On September 20, 2016, Michigan joined 20 other states in filing a lawsuit against the U.S. Department of Labor (DOL) to block a new overtime rule that goes into effect on December 1, 2016. Here is a link to the complaint Nevada v. Labor Dept., (9/20/16). The U.S. Chamber of Commerce and other business groups … Continue Reading

Honesty is an Employer’s Best Policy – Honest Defense Rule in Employment Discrimination

A recent court decision shows that the “honest belief” rule continues to be a potent defense for employers responding to employment discrimination claims. And conversely, it continues to be a frustrating hurdle for employees to overcome in proving unlawful discrimination in the workplace. Specifically, the honest belief of a Wal-Mart manager was found to protect … Continue Reading

Employers Have New Guidance for Avoiding Retaliation Claims

On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Retaliation. As such, the newly published guidance should be a “must read” for HR professionals and companies (right, just want you needed going into the Labor Day Weekend). Next, HR should be prepared to follow up with a meaningful assessment … 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
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