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.
When Does an Employer Have Notice of an Employee’s Need for Religious Accommodation?
As an employment law nerd, I often get giddy when there is a meaty employment law issue being addressed by the U.S. Supreme Court (hopefully Justice Ginsburg took it easy on the sauce prior to oral arguments). But today I’m especially giddy because the Supremes are hearing arguments in the case captioned EEOC v. Abercrombie
To Be or Not to Be … An Employee – Second Circuit Expected to Answer Question of When an Intern is an Employee
Is an intern an employee? This question is expected to be answered in the coming weeks – at least for employers in the Second Circuit.
Specifically, the Federal Court of Appeals for the Second Circuit Court is expected to answer this question after it reviews two earlier conflicting opinions in two separate cases filed that
Proposed Michigan Bill Would Make it Easier for Individuals to Clear Convictions from Records
Michigan’s Senate Judiciary committee is scheduled to consider a bill tomorrow that would make it easier for individuals previously convicted of certain crimes to have their records expunged.
Specifically, Michigan House Bill 4186 would allow individuals convicted of a single felony or a couple of misdemeanors to apply to have them removed from their record.
Drilling Home the Difference Between an Independent Contractor and Employee
A common question that business owners raise involves the use of employees versus independent contractors. The use and classification of an individual as an employee or independent contractor is one of the more complicated employment law issues that business owners will deal with and resolving such issues will depend upon circumstances.
Consider one test, the
Michigan Court Cuts Down Non-Compete Agreement
Abraham Lincoln once noted that if he had six hours to chop down a tree, he would spend the first four sharpening the axe. For employers, that sort of up-front attention to details is especially important when it comes to non-compete agreements. Otherwise, as a recent Michigan Court of Appeals illustrates, the only thing likely
Should My Business Use an Arbitration Agreement for Employment Disputes?
A frequent question that employers have when it comes to employment contracts and policies is whether the company should use an arbitration procedure for resolving disputes.
While there is not a “right or wrong” answer to this question, I tend to recommend employers reconsider using arbitration for resolving employment disputes. Two important factors for recommending
Responding to Employee Absences Following Historic Metro Detroit Flood
This past week Metro Detroit was hit with a record rainstorm. After it was all said and done, many of the area freeways and streets were literally underwater and homes and basements were flooded with water and sewage.
It was also days before some of the affected
Discrimination Lawsuits Aren’t Rorschach Tests – They Should Not Be Subject to Interpretation
The Michigan Court of Appeals sent a strong message that employment lawsuits should not be analogous to a Rorschach test, i.e., subject to interpretation.
Instead, there are certain fundamental pleading requirements that must be alleged in order to state a claim; Failing to follow these requirements may result in a dismissal of the claim. The decision also highlights an important distinction between race-based discrimination and a hostile work environment based on race.
Mismanaged Human Resources Can Derail Your Start-up Company
Human resources and overall HR risk management is critical to any company’s success. Unfortunately, these matters often take a back-seat at start-up companies focused on getting to market. But overlooking HR issues is a surefire way to disrupt the business rather than the market.
This all too common story line recently played out at GitHub,