Tag Archives: Employment

Progressive Discipline Policies May Prevent At-Will Employee From Being Terminated Without Cause

The court in Oakes v. Barnes & Noble College Booksellers,  Cal. App. Unpub. LEXIS 2787 (2017) has provided an interesting take on “at-will” employment agreements and the effect that employee handbooks have on them. At issue in this case is whether Christine Oakes, a former Barnes & Noble manager, may file suit for wrongful termination […]

Court of Appeals Holds That Employers May Shorten The Time Period for Employees to Bring Lawsuits

The Court of Appeals recently upheld a provision in an employment contract that limited an employee’s ability to bring a claim against the employer after one-year. Sams v. Common Ground (Unpublished, Case Number 329600, decided January 17, 2017). In Sams, the terms of an employment contract prohibited claims against the employer after 1 year of […]

Department of Labor’s New Overtime Rule Has Been Enjoined

The month of December usually signifies the beginning of a mad dash towards shopping malls; however, Christmas almost came early this year for over 4.2 million American workers. On December 1, 2016 the Department of Labor was slated to adopt a new “Overtime Rule.” This rule would raise the overtime eligibility of salaried employees from […]

Michigan’s Whistleblower Protection Act not Applicable to Reports of Future Violations

On February 1, 2016, the Supreme Court of Michigan handed down a decision regarding an employee’s protection under MCL 15.362 (more commonly known as “Michigan’s Whistleblowers Protection Act” or the “WPA”). The WPA is a Michigan law which provides a cause of action for employees who have been discriminated against by their employer because they […]

Employers Not Necessarily Required to Allow Disabled Workers to Work From Home

The Americans with Disability Act (“ADA”) prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, and other terms, conditions and privileges of employment. Under the ADA, employers are generally required to make “reasonable accommodations” to employees with disabilities unless the accommodation would result in “undue burden” on the employer.   […]

Employee Handbook May Minimize the Chance of Litigation

Employee handbooks are important to businesses. Not only do they set forth expectations between the employer and employee, they protect employers. Clear policies and procedures can prevent liability and limit litigation. An example of how an employee handbook may have prevented litigation was recently seen in the Michigan Court of Appeals’ case Marv Groom v. […]

Are Your Workers Employees or Contractors? The Wrong Label Can Be Costly.

The Sixth Circuit Court of Appeals in Keller v. Miri Microsystems, LLC, No. 14-1439 (6th Cir. 2015) clarified the distinction between an independent contractor and an employee under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §207. The distinction is important as employees are entitled to certain benefits under the FLSA (such as […]

New Law Allows Private Employers to Give Preference to Veterans

A new law recently passed by the Michigan State Legislature, will allow private employers to give preference to veterans of the United States Armed Forces when making hiring decisions. Under the new law, interested employers must adopt a veterans’ preference policy in writing, and the policy must be applied uniformly to employment decisions, promotion of […]