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).
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- Employment Liability
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- Americans With Disabilities Act (ADA)
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- Department of Education (DOE)
- Title IX
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- Medical Marijuana
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- Union Organizing & Relations
- Michigan Legislature Challenges its Own Lame Duck Amendments to Paid Sick Time, Minimum Wage Rate Laws
- Supreme Court Rules EEOC Charge not Jurisdictional Requirement for Bringing Civil Rights Claims in Federal Court
- Causal Connection between Protected Activity and Adverse Action Supported By Employer’s ‘Good Deed’
- Does Your Company’s Employment Application Process Violate the ADA?
- Let me Tell You What I Just Heard…
- If at First You Don’t Succeed, Try... Try... Again
- URGENT UPDATE on Contractual Limitations Periods
- Does Your Company Require Employees to Accept a Shortened Contractual Limitations Period?
- Changes in Michigan law Require Employee Handbook Updates – NOW!
- Employer Delivers Potential Whistleblower Claim Victory to Employee… With A Bow!