The Sophisticated Employer Blog

Judge imposes stay that will keep Michigan employers in the dark until at least February 2023 about the fate of the citizen led ballot initiatives seeking paid sick leave and an increased statewide minimum wage.

Discrimination based on sexual orientation is a violation of the Elliot Larsen Civil Rights Act, according to a recent ruling by the Michigan Supreme Court.

Employers should take note of recent federal guidance on issues related to the Americans with Disability Act and opioid use disorder.

New federal law will soon allow employees to sidestep forced arbitration agreements implemented by employers.

U.S. Supreme Court rules in National Federation of Independent Business v. OSHA and Biden v. Missouri regarding federal employer and Medicare/Medicaid provider employee vaccination requirements.

If your job applications don’t include a six-month limitations period, it should or you could face unnecessary liability like this employer.

Federal appellate court allows COVID-19 vaccine mandate to proceed for large employers, CMS providers.

With appeals to federal COVID-19 vaccination mandates heating up, CMS employers would do well to prepare vaccination policies in anticipation of possible regulatory enforcement actions.

Employers should take action whenever stray comments arise in the workplace about age, race or other protected classes.

Court challenges could derail federal COVID-19 vaccine requirements for employers.

Employers should carefully consider which employees should be bound by non-compete agreements or at least consider selectively enforcing them only against departing employees who can adversely impact the business.

Biden administration announces new COVID-19 vaccination requirements for large employers, providers of Medicare and Medicaid health care services. 

Unlike Title VII, the federal Equal Pay Act shifts the burden of proof to employers to prove a nondiscriminatory reason for pay difference.

Appellate court’s ruling appears to have made it easier to bring employment discrimination claims under federal law.

Employers should clearly state intention to arbitrate disputes when drafting agreements. 

Employers should have a no call/no show policy to avoid unemployment claims.

The duties test must be applied to determine an employee’s exempt status or employers may face an adverse (and costly) appellate court decision like this one!

Michigan issues new COVID-19 rules for health care employers and ends restrictions for all other employers, effective today.

Michigan to allow return to in-person work starting May 24 as state reaches COVID-19 vaccination threshold.

Michigan incentivizes residents to get the COVID-19 vaccine with double-benefit of defeating virus and fully reopening state’s economy sooner.

In current legal landscape, employers may do well to continue including a contractual limitations period on employment applications and handbook acknowledgments.

Michigan extends work from home order for six month amid increases of COVID-19 cases, rise in variants.

Employment landscape shifts (again) for employers as U.S. Department of Labor withdraws opinion letters under new Biden administration.

Michigan Court of Appeals issues rare ruling in employee versus contractor workers’ disability compensation case.

Michigan amended its COVID-19 laws to provide retroactive liability protections for business owners and affirmative defenses for employers responding to employee retaliation claims, as well as to address other important changes.

Employers can take these steps to protect themselves and employees working remotely from digital sexual harassment.

New Memorandum of Understanding imposes “consultation” between federal agencies.

Inadvertent noncompliance with writs of garnishment can cost employers.

Despite what appeared to be clear evidence of bias by a job interviewer, employer escapes liability in discrimination claim.

Despite a recent ruling by the Michigan Supreme Court striking down the state’s Emergency Powers of the Governor Act, employers must still follow COVID-19 health and safety requirements.

Appellate court rules in published decision that even a perceived minor job condition change like a location transfer closer to the plaintiff’s home could be evidence of retaliation by employer.

Employers should proceed with caution when dealing with employee leaves and other issues under the Families First Coronavirus Response Act (FFCRA), especially those operating in the health care industry.

There’s no need to mourn the loss of your corporate social media accounts to disgruntled or former employees.

A federal court rules U.S. Department of Labor overreached with some aspects of its Final Rule on employee leave laws related to COVID-19.

This published decision gives failing grade to university officials who apparently need summer school to learn employment and defense best practices.

Employers need to know the legal issues related to COVID-19 testing and mask wearing requirements.

New Michigan executive orders outline return to work rules with enforceable workplace standards during pandemic.

Michigan Gov. Gretchen Whitmer extends Stay Home, Stay Safe executive order but loosens some restrictions.

Amid the confusing tangle of federal and state COVID-19 laws and executive orders, Michigan employers can consult this guide to remain in compliance.

Federal appellate court indicates violations of the Fair Labor Standards Act may also violate federal racketeering statute.

As this appellate court ruling shows, third party employees in your workplace can create unanticipated risk and liability.

As one employer learned, failing to accommodate an employee with a disability can be risky.

SPECIAL ALERT: Employers must review this additional U.S. Department of Labor guidance regarding implementation of the new Families First Coronavirus Response Act.

The Department of Labor has issued guidance on the new Families First Coronavirus Response Act.

Is your workplace compliant with OSHA-issued COVID-19 guidelines?

This post offers a checklist for first responder planning health emergency situations like the coronavirus pandemic.

In a rare published case by the Michigan Court of Appeals, it upheld a worker’s disability compensation claim for employee who was being paid mileage to start his work day at a different location.

Employers must get it right when it comes to FMLA qualifying leave for employees or they could face significant liability.

DOL’s new rule is more employer friendly, but it must be adhered to in order to avoid liability.

The best lines of defense against employment liability are well-trained managers.

Department of Labor opinion letter serves as reminder to employers that non-discretionary bonuses impact overtime pay calculations.

Supreme Court’s decision leaves Michigan’s Paid Medical Leave Act intact, for now.

PMLA cliff hanger in Supreme Court no excuse for employers to delay action before year end.

Employer avoids slicing this FMLA abuse claim out of bounds by hiring private investigator.

Although recreational marijuana is now legal in Michigan, your employment policies can still prohibit its use.

Appellate court found employer’s verbal agreement may constitute an enforceable employment contract, although the written agreement was never signed.

Policies are great but employers must ensure manager and HR compliance in order to present a solid defense to employee discrimination claims.

Federal appellate court rules Ohio employer violates FMLA with convoluted no-fault attendance policy for employees.

Nerd alert! Decimals have their point when it comes to rounding employees’ time under new U.S. Department of Labor opinion.

Movie theater “stars” in who done it thriller under Uniformed Services Employment and Re-Employment Rights Act (USERRA).  

Employers must file new Component 2 compensation data with the EEOC by Sept. 30.

Fate of Michigan’s citizen-initiated paid medical leave and minimum wage laws now rests with state’s Supreme Court.

This case is a good reminder to employers that just because employees have restrictions, it doesn’t mean they have disabilities requiring ADA accommodations.  

The Michigan Legislature is giving this author flashbacks over a challenge to its own lame duck amendments to citizen-led legislation providing for paid sick time and the state’s minimum wage.

New Supreme Court ruling again emphasizes that filing EEOC charge is not a jurisdictional prerequisite to bringing a Title VII claim in federal court.

Unfortunately, for this public school employer, it’s “good deed” does not go unpunished, as evidenced by an employee’s civil rights claims brought in federal court.

Court allows class action case to proceed against Ford Motor over claim that company’s online job portal is too difficult for applicants with disabilities to navigate.

Rumor-based sexual harassment claim draws attention in the form of nearly 50 amicus curiae briefs from across the country. This post explains why. 

Department of Labor takes another stab at issuing proposed new rules to address the salary threshold for “white collar” exemptions.

Following new court ruling, employers advised to make employee handbook Acknowledgement and Agreement forms stand-alone document, completely separate from employee handbooks.

If your company doesn't require employees to agree to a shortened limitations period to bring claims, you need to do that today!

Recent changes to Michigan law regarding medical marijuana, paid sick leave and minimum wage increases require immediate action by business owners and human resource professionals.

Uninformed employer decisions in whistleblower actions among the most treacherous and difficult to defend in court.

AARP lawsuit results in removal of employee incentives section from EEOC rules on employer-provided wellness plans.

With a stroke of Gov. Snyder’s pen, Michigan enacts legislation to provide paid medical leave and scheduled increases to the state’s minimum wage.

Remaining flexible on religious accommodations could help employers stay off the naughty list with Michigan’s courts.

U.S. Department of Education issues proposed Title IX guidelines that significantly impact educational institutions’ Title IX obligations and liability.

Employers must take care to understand potential business tax implications before settling an employment claim.

EEOC and Justice Department locked in clash of titans battle over discrimination protections for LGBTQ employees.

To avoid legal quagmires, employers must understand the differences between federal and Michigan law regarding employees claiming disabilities.

In a potential win for employers, proposed NLRB rule would again impose more stringent test on joint employer relationships.

Carefully-worded agreements and bonus programs are among the best tools for employers to manage compensation for sales staff.

Employers Beware: Michigan Legislature adopts ballot proposals concerning minimum wage and paid sick leave.

Employers could gain advantage in potential wage claims by utilizing individual arbitration agreements.

In a real game changer for employers and employees, a recent federal court ruling disavows application of the tender back rule to employment cases under Title VII and the Equal Pay Act.

Appellate court ruling in federal civil rights case highlights need for employers to manage strategy, documentation and potential witnesses in delicate employment situations.

NLRB memo states “ambiguities in work rules/employment policies are no longer interpreted against the drafter [the employer]...”

State Civil Rights Commission expands scope to include sexual orientation and gender identity discrimination claims while U.S. Supreme Court rules in favor of baker in much-anticipated freedom of religion/expression case.

DOL revives practice of issuing opinion letters to employers with recent guidance addressing travel time and break periods under FMLA.

The U.S. Supreme Court recently handed employers a valuable tool in ruling that mandatory class action waivers in employment agreements are enforceable.

Supreme Court ruling expands interpretation of exemptions under Fair Labor Standards Act.

Appellate court rules Title VII of the Civil Rights Act of 1964 protects transgender employees from discrimination by employers in the workplace.

Employers should consider all the ramifications before taking part in the Department of Labor’s pilot PAID program.

Appellate court rejects request for special panel to review 1990s precedent under Michigan’s Wages and Fringe Benefits Act.

Appellate court forced to follow old precedent under Michigan wage law calls for conflict panel to re-examine that ruling.

A poorly drafted release agreement preserved an employee’s statutory claims.

What employers need to know when employees object to a mandatory flu vaccination.

With these tips, sexual harassment won’t be the Grinch that steals your company’s holiday cheer.

Trump administration filed appeal of Texas district court’s decision in effort to preserve DOL’s right to set salary threshold for exempt employees.

Federal appellate court rules that holding a union grievance in abeyance during EEOC charge is unlawful retaliation.

Appellate court addresses union dues in two noteworthy cases related to Michigan’s right to work law.

Texas court strikes down Obama-era overtime rule that more than doubled the threshold salary for exempt employees.

Scheduling changes based on employer’s legitimate staffing concerns during upcoming leave of absence violated federal Pregnancy Discrimination Act.

Employers in some states are finding they can’t fire employees who test positive for marijuana.

There is another new I-9 form that must be used by employers to verify eligibility.

Court rules employer infringed on employee’s right to “protected concerted activity” under the National Labor Relations Act when it fired him for dropping the F-bomb.

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.

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.

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

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

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

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

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

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

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

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

Appellate court reverses lower court ruling based on same-actor defense in employment case involving direct evidence of discrimination.

Michigan minimum wage employees get boost in pay beginning on Jan. 1.

Employers are almost out of time to comply with the new Fair Labor Standards Act regulations set to take effect on Dec. 1.

Court rules licensed attorney is a member of a “public body” for purposes of protecting employee under Michigan’s Whistleblower Protection Act.

EEOC offers employers new tools for wellness programs and discouraging workplace retaliation.

Employers must adhere to new DOL requirements for electronic reporting, encouraging more employee involvement in incident reporting and appropriate use of post-injury drug testing.

EEOC publishes sample notice to help businesses offering employer-sponsored wellness plans to comply with employee notice rules.

New DOL regulations to dramatically change minimum compensation for exempt employees beginning Dec. 1.

The EEOC has issued a new Fact Sheet addressing bathroom access rights for transgender employees.

Check out the EEOC's new quick-read pamphlet for employers that provides helpful information and links to important Internet content.

National Labor Relations Board rules employer violated National Labor Relations Act by terminating employees for bathroom talk involving concerted activity.

Human resources must consider diversity within job classifications to help deter potential sex discrimination liability.

Recent DOL case resolution a reminder to employers that failure to correctly classify individuals as independent contractors or exempt employees could result in expensive class action litigation.

Presidential executive order requires federal contractors entering into contracts after Jan. 1, 2017 to provide their employees with sick days.

Pregnant employee refusing FMLA leave can be subject to discharge under the right circumstances.

Employer learns lesson the hard way… firing an employee because of his “tone of voice” can be direct evidence of retaliation!

Federal appellate court holds telecommuting was not a reasonable accommodation under the ADA.

Effective March 27, Department of Labor’s final rule grants same-sex couples access to FMLA leave time.

EEOC's focus on harassment claims means the time is right for employers to review anti-harassment policies, training and procedures.

Casino guard meal breaks not compensable under the FLSA because under the “totality of the circumstances” break times were not spent predominantly for the Casino’s benefit. 

National Labor Relations Board ruling allows employees with access to company email accounts to use them for activities consistent with union organization and business.

EEOC action emphasizes enforcement of Title VII protections for transgender employees allegedly discriminated against in the workplace.

Presidential executive order bans discrimination against LGBT workers.

EEOC’s new enforcement guidance clarifies the EEOC’s position on a number of issues involving pregnancy and pregnancy-related conditions.

Recent EEOC settlement emphasizes need for employers to modify their inflexible leave policies to comply with the ADA

Court rejects public policy arguments of terminated employee attempting to thwart robbery attempt at work.

Today's Internet connected world has taken telecommuting mainstream; so much so that it may be a "reasonable accommodation" under the ADA.

Employers can avoid being stung by understanding pay requirements for most internships under the Fair Labor Standards Act (FLSA).

1.    Employers can avoid being stung by understanding pay requirements for most internships under the Fair Labor Standards Act (FLSA).