Today is April 20, 2015. However, for certain individuals who partake in smoking a plant in the cannabis genus, it is also “420.” The use of “420” has historically been a shorthand reference to recreational marijuana smoking. However, as more states enact laws legalizing marijuana use for medical conditions, employers may need to reassess their
Michigan Court Orders Former Employee to Give Up Company, Move it, or Shut it Down After Violating Noncompete Agreement
Not many people would jump out of a plane and then worry about figuring out what to do about a parachute on the way down. But often times individuals take that approach when it comes to starting a new business or taking a job after having signed a non-compete agreement. And that lack of planning
Judge Throws up Roadblock to Extending FMLA Protections to Same-sex Couples
We previously discussed the Department of Labor’s final rule that extended Family and Medical Leave Act protections to same-sex married couples. That rule was to apply regardless of the couple’s state of residence. But same-sex couples in Texas, Arkansas, Louisiana, and Nebraska will have to wait to enjoy the same benefits provided to heterosexual
Employer Charged with Unfair Labor Practice Because Employee Manual and Agreements Were Unlawful
Two annoyances in life often involve cliches and living out a cliche. This is especially true when the cliche is “shooting yourself in the foot.” But T-Mobile got to experience both last week when the National Labor Relations Board (NLRB) ruled that it engaged in unfair labor policies.
The ruling arose out of T-Mobile’s employee
Reversal Against Employer in Overtime Pay Lawsuit Highlights Dangers of Misclassifying Employees as Independent Contractors
At a time when companies are increasingly using “independent contractors” rather than W-2 employees, the risks and liabilities for misclassification have never been higher. And it just got harder for Michigan and other Midwest employers who are accused of improperly classifying their workforce after a 3/26/2015 ruling from the Sixth Circuit Court of Appeals.
Specifically,
A New Day for Pregnant Employee Workplace Accommodations – Understanding the New Framework
Yesterday the U.S. Supreme Court issued the much anticipated opinion in a pregnancy discrimination claim, Young v . United Parcel Service.
For context, the claim in Young v UPS arose under the Pregnancy Discrimination Act (PDA). The PDA was added to Title VII (the gold-standard in terms of civil rights law prohibiting workplace discrimination)
Employee Manuals Need Spring Cleaning Thanks to the NLRB
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,
The Foundation of Michigan Non-compete Law
Crain’s Detroit, by Dustin Walsh, reported last week that this year marks the 30 year anniversary of arguably the most significant Michigan court opinion concerning non-compete agreements. See “30 Years Later, A Noncompete Ruling has Been Forged into Law.” The case referenced in this article comes from a January 17, 1985 Michigan
FMLA Leave Extended to LGBT Couples
On
February 25, 2015, the U.S. Department of Labor issued its final rule revising the regulatory definition of spouse under the Family and Medical Leave Act (FMLA) so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live.
Proposal Would Significantly Limit Use of Noncompete Agreements in Michigan
A proposed Michigan House Bill was recently introduced that would significantly limit the use of noncompete agreements (sometimes called covenants not to compete) in Michigan. Such agreements often restrict individuals from working for a competitor or other post-employment activities. 
Specifically, State Represntative Peter Lucido (R) introduced HB 4198 on February 12, 2015, which has since