A Texas federal judge has stopped the U.S. Department of Labor’s new overtime rules from taking effect as scheduled for December 1, 2016. Significantly, the court issued a nationwide injunction. The decision to enjoin the Department’s overtime rules was issued earlier today, and a copy of the Order is available here (Nevada v U.S.
Pitfalls in Contracting with Employee Staffing Companies
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
Labor Department Seeks Information From Employers and Employees About FMLA
On October 28, 2016, the Department of Labor (DOL) gave notice that it is seeking comments from employers and employees about the Family and Medical Leave Act (FMLA). The notice is available here Federal Register.
The comments will be used to develop and administer two surveys in 2017 and 2018. According to the DOL,
Detroit Casino Sued for Violating Americans with Disabilities Act
Detroit’s Greektown casino was sued on October 3, 2016, by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly violating the Americans with Disabilities Act (ADA) by denying a reasonable accommodation to and then firing an employee because of his disability.
The former employee, Michael Lepine, was a pit manager for Greektown Casino. The lawsuit
Michigan Joins Quest to Block New Overtime Rule
On September 20, 2016, Michigan joined 20 other states in filing a lawsuit against the U.S. Department of Labor (DOL) to block a new overtime rule that goes into effect on December 1, 2016. Here is a link to the complaint Nevada v. Labor Dept., (9/20/16).
The U.S. Chamber of Commerce and other business
Honesty is an Employer’s Best Policy – Honest Defense Rule in Employment Discrimination
A recent court decision shows that the “honest belief” rule continues to be a potent defense for employers responding to employment discrimination claims. And conversely, it continues to be a frustrating hurdle for employees to overcome in proving unlawful discrimination in the workplace.
Specifically, the honest belief of a Wal-Mart manager was found to protect
Employers Have New Guidance for Avoiding Retaliation Claims
On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Retaliation. As such, the newly published guidance should be a “must read” for HR professionals and companies (right, just want you needed going into the Labor Day Weekend). Next, HR should be prepared to follow up with a meaningful assessment
Workplace Recommendations for Responding to the Zika Virus
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
Noncompete Litigation Between Papa John’s and Panera – Lessons For Protecting Competitive Advantages
Earlier this month a federal district court judge entered a temporary restraining order (TRO) against a former Panera executive and his new employer, Papa Johns. The TRO arose out of a lawsuit to enforce the former Panera executive’s non-compete agreement. That agreement restricted him from competing against Panera for one year after his employment ended.
NLRB Makes Gambling with Your Company’s Employee Handbook a Risky Bet
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