Tag Archives: Michigan employment law

Does Your Company’s Employment Agreements Limit Employment Claims?

Employers often overlook the opportunity to limit liability against their business when it comes to employment agreements. And one of the most common ways in which a business can limit its liability is through a contractual limitations period. A recent Michigan Court of Appeals highlights this point. Specifically, a shortened limitation period in an employer’s … Continue Reading

Is Telecommuting a Reasonable Accommodation Under the Americans with Disabilities Act?

Michigan employers dodged a bullet (sort of) on when it comes to whether telecommuting must be considered as a reasonable accommodation under the Americans with Disabilities Act (ADA). Specifically, in a “judicial do-over,” the full Sixth Circuit Court of Appeals in EEOC v. Ford revisited a prior decision (previously discussed here) that had concluded that employers may … Continue Reading

Are Unemployment Benefit Determinations Hazy When it Comes to Employee Medical Marijuana Use?

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 workplace … Continue Reading

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) to … Continue Reading

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, any … Continue Reading

Flag on the Play: Court Takes Away Employer’s Victory Because of Mistake in the Employee Manual

This past week saw the Seattle Seahawks skillfully avoid winning back-to-back Super Bowls because of (arguably) bad decision-making (all the Seahawks had to do was move the ball 36 inches into the end-zone – the only other decision worse than passing in that situation was having Katy Perry perform at half-time, but I digress). An … Continue Reading

Corporations can Hold Religious Objections in order to Opt Out of covering Contraceptives for Women.

In a 5-4 decision, the U.S. Supreme Court decided this morning that corporations can hold religious objections that permit them to opt out of the new health law requirement that they cover contraceptives for women. Incredibly, this decision is the first time that the U.S. Supreme Court has ruled that profit-seeking businesses can hold religious … Continue Reading

Governor Snyder & Business Leaders Support Amending Michigan Law to Prohibit Sexual Orientation Discrimination

Michigan Gov. Rick Snyder said Thursday, May 29, 2014 that he would like to see Michigan lawmakers amend the state’s Elliott-Larsen Civil Rights Act to include language about sexual orientation and gender identity before the end of the year. These statements were made in an interview with Crain’s Detroit Business, as reported by Chris Gautz. Currently Michigan’s Elliott-Larsen Civil … Continue Reading

Employee Terminations: Delaying the Inevitable is Inevitably Bad for the Company

Employee terminations are an unfortunate reality of every business. But that doesn’t mean employers and their managers are good at carrying out terminations.  Take for example a response Sir James Dyson (yes, the vacuum guy was knighted by Queen Elizabeth II in 2006) gave when he responded to Bloomberg Businessweek’s “Ask a Billionaire” feature that … Continue Reading

Employer Sued for Allegedly Failing to Produce Employee Personnel Records

Oakland University, a southeast Michigan public university, was sued on November 1, 2013 by its former women’s basketball coach Beckie Francis. The lawsuit seeks injunctive relief and declaratory relief, as well as seeks to compel Oakland University to produce certain employee records concerning Ms. Francis pursuant to Michigan’s Bullard-Plawecki Employee Right to Know Act. While this … Continue Reading

Employment Agreement Shortening Time for Bringing FLSA and Equal Pay Act Claims Invalidated by Court

On August 6, 2013, the Sixth Circuit Court of Appeals (the federal jurisdiction that includes Michigan) ruled that provisions in employment agreements that shorten the statute of limitations period in which employees are permitted to file claims under the Fair Labor Standards Act (FLSA) and Equal Pay Act (EPA) are invalid. Specifically, in Boaz v … Continue Reading
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