The National Labor Relations Board agreed last week to delay the effective date of its controversial new Employee Rights Notice Rule until April 30, 2012 (available at http://www.nlrb.gov/news/nlrb-postpones-effective-date-rights-posting-rule-april-30). The Rule requires that non-exempted employers post a notice of employee rights under the National Labor Relations Act. Under the rule, most employers will be required to [...]
Misclassification of employees is a hot enforcement topic for the IRS. Determining whether a worker should be classified as an independent contractor or an employee is not always clear. The IRS has 20 factors that they consider when determining whether one is an employee or an independent contractor. The factors focus on the ability of [...]
In a move that will likely help employers, the Michigan Legislature recently amended the youth employment law, MCL 409.111. The amendment clarifies the number of hours that minors between the ages of sixteen and eighteen, who are also enrolled in school, may work. The law now states that minors between those ages may work no [...]
In Kasten v. Saint-Gobain Performance Plastics Corp, the Supreme Court of the United States considered whether the anti-retaliation provision of the Fair Labor Standards Act (FLSA) applied to oral complaints. In Kasten, an employee orally complained to his company about an unlawful practice, for which he was subsequently fired. In addition to orally complaining to [...]
Do you have an employee who is always late? One who makes or receives personal phone calls daily or one who sneaks out a couple of minutes early on a regular basis? What about an associate that is on their cell phone texting through out the day or who clicks off the computer screen as [...]
Contrary to popular belief, employers are not obligated to provide severance pay upon an employee’s termination of employment due to a layoff. If an employer does choose to provide severance pay, it should be accompanied by a severance agreement. The most important provisions in a severance agreement are those regarding payment, non-competition, and the release [...]
The Michigan Sales Representatives Commission Act (“SRCA”), MCLA 600.2961, (Click here to view) provides protection for sales representatives from the company he is selling for (“principal”). The statute provides that representatives are to be paid what they are owed in a timely manner, and that intentional non-payment of commission by the principal will result in [...]
On July 21, 2009, the Michigan Supreme Court ruled in McNeil v Charlevoix County, 2009 Mich. LEXIS 1572, that a local health agency had the authority to require employers to adhere to a more strict regulation regarding workplace smoking than was required under state law. In addition, the Court ruled that (a) the local regulation [...]
Under the Bullard Plawecki Employee Right to Know Act, employees are entitled to review their personnel records, make copies of those records, and file written statements clarifying or protesting any documents contained in their file. An employer’s use and disclosure of employee records are regulated by this Act as well. The following are some of [...]
Workplace safety is a serious issue for all companies. For some jobs there are extreme risks involved everyday. This can be scary for employers because of potential liability. Worker’s Compensation Laws have been in effect for nearly a century, but few employers fully understand them. In Michigan, Worker’s Compensation Laws have five major features: (1) [...]
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