Michigan employment law

Business PitfallsBusiness 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

Hiring and Legal Compliance According to the US Labor Department, employers added 156,000 jobs last month. Additionally, the participation rate increased to 62.9%. And the average hourly earnings moved 0.2 percentage points. These figures indicate a steadily increasing U.S. economy. But the Labor Department also found that the unemployment rate last month increased from 4.9% to 5%.

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Employee Investigation ReportA 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

Employment Law GuidelinesOn 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

NLRB wades into lawfulness of employee policies under NLRAOnce again a company’s workplace policies were found to have violated the National Labor Relations Act (NLRA). This time on July 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit endorsed the National Labor Relations Board’s (NLRB) view that an employer violates the NLRA by maintaining workplace policies that employees may

Focus on Merits of Employment Discrimination 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

Reviewing FLSA Exemptions 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