After a recent court opinion, Michigan companies will need to carefully re-evaluate whether allowing an employee the opportunity to telecommute as a reasonable accommodation under the Americans with Disability Act (ADA). The case, Mosby-Meachem v Memphis Light, Gas & Water Division, involved an in-house attorney for Memphis Light, Gas & Water Division. She was denied … Continue Reading
Michigan is one of 18 states where employees will receive an increase in paychecks beginning January 1. Specifically, Michigan’s minimum wage will increase $0.35, raising the minimum wage to $9.25. This is the last increase under the Workforce Opportunity Wage Act, which passed back in May 2014. According to the Economic Policy Institute, the wage increase will directly … Continue Reading
Is “check to see if any employees came out to support Nazis or White Supremacist” the new normal for HR? After this weekend’s tragic and despicable events in Virginia, it looks like the answer is yes. The events in question involved a rally of white supremacist, KKK members, and Neo-Nazis that took place at the … Continue Reading
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
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
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
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
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
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 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
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
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
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
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