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The Sophisticated Employer Blog

Labor and employment law updates and resources.

Employer Self-inflicts Wounds by 'Shaving Time'

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After nine years of class action litigation and appeals, employer’s time shaving policy will cost millions in legal fees, plus an adverse jury verdict. Continue Reading ›

Tags: Fair Labor Standards Act (FLSA), Human Resources, Wage & Hour

Michigan Court of Appeals Decides Transgender Case

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Employers can learn valuable lessons from a recent ruling by Michigan appellate court involving a plaintiff’s complaint concerning a transgender woman’s use of a women’s locker room. Continue Reading ›

Tags: Employment Liability

What’s up at the DOL? Pulling Guidance, Changing Standards

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Recent guidance from Department of Labor under Trump administration finally provides some good news for employers. Continue Reading ›

Tags: Department of Labor (DOL), Employment Liability

Commission v Bonus: What’s the Difference Under Michigan law?

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Structuring commissions as bonuses could help employers save significant costs under Michigan’s Sales Representative Act. Continue Reading ›

Tags: Wage & Hour

The Trend in the Law is 'Don't Ask…'

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The list of questions employers can’t ask applicants continues to grow! Continue Reading ›

Tags: Employment Liability, Equal Employment Opportunity Commission (EEOC)

Appellate Court's LGBT Ruling Sets Stage for Supreme Court Review

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Federal appellate court's ruling that Title VII prohibits discrimination based on sexual orientation sets stage for showdown in U.S. Supreme Court. Continue Reading ›

Tags: Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Title VII

DOL’S Fiduciary Duty Rule May Take Effect April 10... or NOT

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Presidential directive to Department of Labor could impact retirement plans offered by employers. Continue Reading ›

Tags: Department of Labor (DOL), ERISA, Fair Labor Standards Act (FLSA)

Appellate Court ‘Labors’ Over Collective Bargaining, Right to Work Rulings

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Recent labor law cases involving collective bargaining and right to work issues have implications even for non-union employers. Continue Reading ›

Tags: Employment Liability, Labor Law, National Labor Relations Act, National Labor Relations Board, Right to Work

Employer’s Well-Played Pre-Termination Strategy Results in Favorable Ruling

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Employee fails to establish her intentional infliction of emotional distress tort and whistleblower claims because employer had a solid strategy.  Continue Reading ›

Tags: Employment Liability, Whistleblower Protection Act

A Fibber and Two Dismissals

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Appellate court ruling underscores the value of a good employment application. Continue Reading ›

Tags: Employment Liability, Retaliation, Workplace Harassment
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