Michigan’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
Companies Should Already be Doing What Oregon’s Amended Non-compete Law Requires
A 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.
Inconsistent Non-compete Restrictions Limits Employer’s Protections
A 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
Governor Snyder Limits Scope of Voter Approved Measures for Increasing Minimum Wage and Requiring Paid Sick Time
Depending upon your perspective, Michigan voters were given a big lump of coal or Michigan businesses got an early Christmas present.
Specifically, this week Governor Snyder signed bills to delay and limit the scope of voter-approved ballot measures that would have increased the minimum wage and required employers to provide paid sick time to their
The Buzz About Michigan Marijuana Legalization and the Workplace
“Smoke ’em if you got ’em.” Recreational marijuana is officially legal today in Michigan. However, there are a host of budding issues that employers and employees must address with this legalization.
For background, Michigan voted in November to legalize recreational use of marijuana by adults who are 21 or older. About ten years earlier, Michigan
WeWorks Settles Investigation of Overbroad Noncompete Restrictions
The office share company WeWork Cos. reached a settlement with attorneys general of New York and Illinois over requiring most employees to sign over-broad noncompete agreements.
The Wall Street Journal, by Eliot Brown, reported that WeWork previously required most employees, including baristas and receptionists, to sign agreements barring them from working at similar businesses for
FTC Considers Restricting Noncompete Agreements
Will the playing field be leveled between employers and employees when it comes to non-compete agreements? Perhaps if anything comes out of the Federal Trade Commission’s (FTC) hearings held last 9/13 and 9/14, which 
focused on how the agency’s competition and consumer protection approaches are working. One area of focus is whether enforcement practices need
Litigating the Breach of a Non-Compete Agreement – A View From the Trenches
On July 2, 2018, we defended against a motion for a preliminary injunction on behalf of our clients. Our clients were sued for allegedly breaching their non-compete agreements with their former employer and related claims.
As is often the case in non-compete litigation, numerous factual and legal issues were up for grabs when it came
Two Metro Detroit Employers Settle with DOL Over FLSA Violations
Two Metro-Detroit employers have recently agreed to settle wage and hour violations under the Fair Labor Standards Act (FLSA) involving overtime compensation and misclassification issues.
Specifically, Belle Tire agreed to pay over $340,000.00 for violations under the FLSA. Payments will be made to employees in approximately hundred stores in Michigan, Indiana, and Ohio.
According to
Michigan Employer Did not Violate Family Medical Leave Act by Investigating Employee Conduct
Often when an employee exercises rights under federal or Michigan laws, any subsequent discipline becomes the first domino in a subsequent retaliation claim. But a recent appeal from a Michigan federal district court shows that does not have to be.
Specifically, in Groening v. Glen Lake Cmty. Schools, the plaintiff, a school superintendent, claimed that