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.
The decision arose out of the case Lutz v. Huntington Bancshares
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
Investigating employee misconduct is, unfortunately, a common occurrence companies and their HR professionals experience. But if the investigation is not properly handled, it could expose the employer to liability, including being sued for defamation.
Consider for example a recent lawsuit in which an employee sued her employer and its supervisors because of the manner in
The Wall Street Journal recently ran an editorial titled, “Why the Trial Bar and Its Friends Detest Arbitration” by James R. Copland. Mr. Copland’s editorial highlighted some high-profile lawsuits to conclude that the court system often fails companies. Business owners frequently share the same belief and assume their businesses will fare better in
An area under the Americans with Disabilities Act that can be problematic for employers and employees alike concerns conducting the individualized inquiry that is required to determine if an employee’s disability or another condition disqualifies the employee from a particular position. This issue recently played out in a federal district court case of (Siewertsen
A long-running sex discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) came to an end on November 25, 2015, when a Michigan federal district court approved a consent decree. Under that decree, Cintas Corporation agreed to pay $1.5 million in addition to a numerous other requirements for years to come. A copy of
Does your company rely on performance reviews for evaluating and managing employees? Probably; performance reviews are a staple for human resource professionals when it comes to evaluating employee performance. Neuroscience, however, is calling into question the value of such reviews.
Specifically, in “Risks of Reviews,“
An employer illegally fired two employees for criticizing the company on Facebook. This decision comes from the U.S. Court of Appeals for the Second Circuit, which affirmed a National Labor Relations Board decision (NLRB). Three D, LLC v NLRB (10-21-2015). This decision also highlights the need to meaningfully evaluate conduct giving rise to employee
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
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