At the beginning of 2018, we advised our business clients to expect sexual harassment claims to increase. This advice was in response to various high profile sexual harassment claims and the #MeToo Movement against sexual harassment and sexual assault in the workplace. Consistent with these predictions, it was reported on 9/17/2018 by Chris Opfer for Bloomberg’s … Continue Reading
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 … Continue Reading
If your company’s job postings seek applicants with a cap on the years of experience then you may also be advertising for an age discrimination lawsuit. At least that is a take away from a Seventh Circuit Court of Appeals decision involving a suit under the Age Discrimination in Employment Act (ADEA). The case, Kleber … Continue Reading
Michigan municipalities won’t be able to enact local legislation championed as one way to eliminate the wage gap between men and women under a bill heading to Gov. Rick Snyder. Specifically, legislation (SB No. 353) restricts municipalities from regulating what information employers must request, require or exclude during job interviews passed the Republican-controlled House on … Continue Reading
Companies employing individuals in Michigan are often surprised to learn Michigan law specifically prohibits weight discrimination. Specifically, Michigan’s anti-discrimination statute, the Elliott-Larsen Civil Rights Act (ELCRA), prohibits an employer from failing or refusing to hire, discharge, or otherwise discriminate against an individual in employment because of weight. MCL 37.2202(1)(a). But employees still must meet their … Continue Reading
An interview with a successful CEO offers business owners a chance to learn from a costly mistake involving employment agreements. This mistake could have doomed her company before it became a billion-dollar business. Specifically, Therese Tucker is the CEO of BlackLine, which provides automated finance and accounting software. She also founded BlackLine and brought it public. … Continue Reading
The Sixth Circuit Court of Appeals recently issued an interesting Fair Labor Standards Act decision. The case focused on who is and is not exempt from overtime requirements. And the result – as the court noted – is likely to be counter-intuitive to many employers. Case Background – FLSA and Highly Compensated Employees The case, … Continue Reading
A former employee’s accessing a Google Drive he set up for his employer may result in a violation of the federal Computer Fraud and Abuse Act (CFAA). This case also serves as a reminder to carefully evaluate how your company uses any third-party services like Dropbox, Google Drive, etc. Computer Fraud and Abuse Act Background … Continue Reading
Uber is back in the headlines again (See our prior post about Uber’s background check misstep, “Hiring the No. 2 Guy on al-Qaeda’s Hit List: An Uber-Example of Limitations in Employee Background Checks“). This time for recently announcing that it is investigating a former engineer’s sexual harassment claim. But the real news is how this … Continue Reading
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 … Continue Reading
The tension between employment discrimination and religious freedom recently played out in a Michigan federal district court case. In that case, EEOC v. R.G. & G.R. Harris Funeral Homes, the employer’s religious freedom won out over the rights of a transgender employee. Specifically, the judge ruled that a metro Detroit funeral home did not discriminate … Continue Reading
Employers should be aware of the recent guidance on federal protections for religious discrimination issued as a result of the interagency effort between the Department of Justice and the Equal Employment Opportunity Commission (EEOC). Specifically, the EEOC released on 7/22/2016 its religious discrimination guidance, which focuses on younger employees and explaining how the laws protect … 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
A recent employment discrimination lawsuit underscores the importance employers must place on preserving and producing electronic evidence. As explained below, the employer lost an opportunity to avoid significant costs associated with searching and recovering emails. Specifically, in Wagoner v. Lewis Gale Med. (7/13/16), the plaintiff sued his former employer Lewis Gale Medical Center LLC for … Continue Reading
I recently watched an excellent TED Talk by Julia Galef, that should be a “must read” for every HR professional who is tasked with the responsibility of conducting employee investigations. As explained below, applying the points made by Ms. Galef can improve your company’s response to allegations of discrimination or workplace misconduct, as well as … Continue Reading
In non-North Carolina bathroom news, the Equal Employment Opportunity Commission (EEOC) issued this past week a resource document concerning the Americans with Disabilities Act (ADA). More specifically, this document addresses the use of employer-provided leave as an accommodation under the ADA. The intent of the EEOC’s resource document is to provide general information to employers and employees … Continue Reading
Can an employer’s religious beliefs defeat an otherwise discriminatory termination? Employers in Michigan may soon have much-needed guidance on this issue based on an employment discrimination case filed by the Equal Employment Opportunity Commission (EEOC) in Federal District Court in Michigan. Specifically, the EEOC filed a lawsuit against RG & GR Harris Funeral Homes, Inc. … Continue Reading
A recent decision of the National Labor Relations Board provides employers with a reason to carefully evaluate disciplining employees who make negative comments about their company’s products. Specifically, on 3/25/2016, the Eight Circuit Court of Appeals confirmed an NLRB decision that a Jimmy John’s franchisee violated the employee rights of six employees when it fired them. The illegal terminations arose … Continue Reading
To help small businesses comply with their employment law obligations, the Small Business Task Force, established by the U.S. Equal Employment Opportunity Commission (EEOC), recently issued a new simplified, one-page fact sheet. The fact sheet is focused on assisting small business owners to understand their responsibilities under federal anti-discrimination employment laws. The EEOC’s fact sheet, “Preventing … Continue Reading
Michigan employers recently received a favorable Fair Labor Standards Act (“FLSA”) ruling. This decision also provides guidance when it comes to evaluating whether particular categories of employees may be administratively exempt from the FLSA’s overtime requirements. Procedural Background Leading up to the FLSA Ruling The decision arose out of the case Lutz v. Huntington Bancshares, Inc., … Continue Reading
Remember the movie Minority Report starring Tom Cruise? The premise of that movie was that in the future a special police task force (the “pre-crime division”) could identify wrongdoers who would go on to commit crimes and charge them before those unlawful acts actually occurred. A similar science fiction plot recently made its way to … Continue Reading
Employers in Michigan and surrounding states conducting background reports on job applicants received a favorable decision from the Sixth Circuit Court of Appeals when it comes to limiting liability for claims under the Fair Credit Reporting Act (FCRA). The decision was issued on February 18, 2016, in the case Rocheleau v. Elder Living Constr., LLC … Continue Reading
Today marks the beginning of the Chinese New Year, which is also known as the Spring Festival. Traditionally and especially in China, this celebration last 15 days. This festival is also a celebration that involves both cultural and religious elements. For this reason, it is an excellent backdrop for discussing an employer’s obligations on accommodating religious … Continue Reading
What do airplane life vests and probationary employment periods have in common? Both are ubiquitous in their respective context, both are often useless, and they may even do more harm than good. Let me explain; the Wall Street Journal’s Scott McCartney recently wrote an article, “An Airplane Safety Measure That’s Not Much Use. In the article, … Continue Reading
