Voice RecorderHere is something you don’t see happen everyday – an instance of “butt dialing” becoming a federal case.

Specifically, an inadvertently dialed cell phone call purportedly involving discussions about unlawful employment discrimination resulted in a federal lawsuit for intentionally intercepting private conversations in violation of Title III of the Omnibus Crime Control and Safe Street

Employee HandbookOnly the most die-hard HR professional considers job descriptions as exciting and management outside of HR often ignore them altogether. But job descriptions are a critical first step in guarding against employer liability when it comes to federal and Michigan disability-related employment discrimination claims.

Take for example a recent Michigan employment decision arising under the

ToolboxWhen it comes to post employment restrictions, non-compete agreements often get all the attention. In fact, such restrictions are a frequent subject of discussion on our law firm’s blog (Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition).

However, as explained below, a carefully drafted non-solicitation provision should

same-sex coupleOn July 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued a decision confirming that workplace discrimination based on sexual orientation violates title VII of the Civil Rights Act of 1964 (Title VII)

Title VII is the primary federal statute that prohibits a range of discrimination against employees. This decision marks the first time the

Employee Manual Violates NLRAAnother 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

shutterstock_84499888Business involves competition. But not all competition is lawful. Two former employees found this out the hard way after a judge determined on May 22, 2015 that they had wrongfully started a competing business while they continued to work for their employer along with misappropriating trade secrets and engaging in other wrongful acts (Nedschroef