Showing 11 posts in Lawsuit.
One of the most concerning trends in employment law today is employee misclassification. Stringent labor protections put in place by the government, the increased use of of independent contractors and explosion in the gig economy means that the burden is on employers not only to classify employees correctly, but also to treat them strictly within the boundaries of the law under that classification. Read More ›
A non-competition agreement – also known as a non-compete agreement or non-compete clause – is a stipulation often found in employee contracts that prohibits an employee from engaging in the same type of business with another employer if they leave their current job.
These clauses have been in employers’ toolboxes for decades, largely to protect proprietary information and trade secrets from competition. However in the past few years, non-competes have come under fire from the Biden Administration.
Knowing this, our team has put together some key points on non-competes, laws that govern them, and changes that we’re seeing in the Biden Administration. Read More ›
Can an employee in Michigan secretly record a conversation they are involved in without consent of other people involved in the conversation? It has long been assumed, based on precedent from the Michigan Court of Appeals, that such recordings are legal, and therefore that Michigan is a “one party consent” state. However, that issue may soon be settled in a more definitive fashion by the Michigan Supreme Court. Read More ›
See more from the June 2020 issue of Labor & Employment Law News.
Conducting a workplace investigation is a challenging and risk-filled endeavor for all employers. It is imperative that businesses move quickly and decisively to investigate allegations of wrongdoing because public and private companies are coming under greater scrutiny from the federal, state, and local governments and regulatory bodies, and are increasingly in the crosshairs of plaintiffs’ attorneys bringing lawsuits and calling their practices into question.
Part One of this series dealt with the scenarios of what warrants an investigation and why employers should conduct workplace investigations. Part Two discusses what to do when a complaint has been filed and what actions should be taken following an investigation. Read More ›
Conducting a workplace investigation is a challenging and risk-filled endeavor for Michigan employers. Done right, an investigation can unearth important information that can help bring an end to deleterious behavior—or affirm that nothing unlawful or improper is or was taking place. In either case, an investigation can restore trust and credibility internally and externally. Done poorly, an investigation erodes trust and can result in legal and financial consequences, loss of employee morale, and reputational damage. Read More ›
In today’s tight job market, businesses must recruit aggressively to attract talent. However, without a clear and compliant hiring process in place, and well-trained employees to implement the process, an employer’s hiring practices can open it up to significant liability. Read More ›
Disciplining, terminating or laying off employees can be a traumatic experience. It is traumatic for the employee because it involves criticism for not performing acceptably and/or causing potential financial burdens because the paycheck has stopped. Read More ›
Employers have known for a long time the legal implications of harassment in the workplace. And, while bullying gets considerable attention in schools, it is only now starting to gain attention in the workplace. But employers must be aware that ignoring bullying in the workplace may also expose them to significant legal liability. Read More ›
Due to increased scrutiny from state and federal government agencies and high profile cases involving companies such as Uber, UPS and FedEx Ground, businesses are becoming increasingly concerned over proper classification of workers. Read More ›
There’s a reason why school districts are required to provide fair, transparent and timely teacher evaluations — and it’s not just to make sure instructors are doing their best. It’s because it’s the law. And, as the Michigan Court of Appeals made clear in a recent published decision, not following through with teacher evaluations is actionable. Read More ›
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