Time for suing employment discriminationA recent Michigan Court of Appeals decision shows the value in smartly drafting your employment applications and related hiring documents so they double to protect the business from employment discrimination claims.   

Going Deeper: 

Specifically, a case captioned McMillon v. City of Kalamazoo, (MI Court of App. Jan. 21, 2021) involved a plaintiff who applied

Noncompete Ripple EffectA recent court opinion is a cautionary tale for business owners and entrepreneurs and their attorneys about the importance of protecting attorney-client communications. It is also a reminder of how easily that privilege can be inadvertently waived and the downstream impact it can have on noncompete disputes.

The Decision

The court opinion comes from a

CoronavirusMichigan’s Dept. of Labor and Economic Opportunity (LEO) and Michigan Occupational Safety and Health Administration (MIOSHA) launched a new program focused on supporting Michigan businesses to reopen safely in response to the COVID-19 pandemic.

The program is called the MIOSHA Ambassador Program. It offers education and one-on-one guidance to help businesses understand regulations on workplace

coronavirus employee testingOne Big Thing in Michigan COVID-19 News:

On August 21, 2020, U.S. Federal Court Judge Paul Maloney of the Western District Court for Michigan issued an order denying a motion for a preliminary injunction over the State of Michigan’s testing requirements for agricultural and food processing workers.

What’s Next: 

This was a preliminary order for

OSHA COVID-19 Worker SafetyThe AFL-CIO sued to require the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) to protect workers from the novel coronavirus.

Why it Matters

To date, OSHA has refused calls from lawmakers and Union leaders to issue a temporary emergency standard in response to the Covid-19 pandemic.

If successful, all

Michigan reported a reduction of confirmed coronavirus cases over the weekend. But the State cautioned the reduction may be attributed to low testing over holiday weekend rather than an actual reduction in cases.

Here’s the statement from the Michigan Department of Health and Human Services (MDHHS):

Although a reduced number of COVID-19 cases are

noncompeteMichigan’s Attorney General (AG) Dana Nessel joined 17 other State Attorneys General to respond to the Federal Trade Commission’s (FTC) request for public comments. These comments concern the FTC’s public hearings on Competition and Consumer Protection in the 21st Century. Ms. Nessel’s response echoes a growing concern across the United States about the use and

Best practice noncompete enforcementA recent non-compete related law in Oregon caught my attention. Specifically, Oregon law (HB 2992), provides that noncompete agreements entered into after January 1, 2020, will only be enforceable against Oregon employees if the employer provides the departing employee with a signed copy of the agreement within 30 days after the employee’s date of termination.

Kent County Michigan Circuit CourtA common mistake employers make in protecting their business interests is poorly drafted non-compete agreements. And frequently that mistake involves drafting inconsistencies. As explained below, inconsistencies provide a foundation for challenging the scope or outright enforceability of a company’s non-compete restriction.

In this regard, we recently defended against Christian Financial Insurance/Christian Insurance Group, Inc.’s motion