In a unanimous opinion issued May 28, 2014, Edward Macey won a big victory in the Michigan Court of Appeals in the case of Crosby v Michigan Department of Corrections. David Nacht had tried this case of unlawful retaliation by the state against an employee who had...
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Employment Law
Are Non-Compete Agreements Making Michigan Less Competitive?
Non-compete agreements are holding back Michigan's new economy, if you ask David Blanchard. Because the law governing non-compete agreements in Michigan favors the employers, it is easy for companies to abuse such contracts, limiting the employment options of former...
Employment and the Affordable Care Act
The good news about the affordable care act is that millions more people will have access to affordable health care. But the bad news is....well, the bad news isn't so bad. This week media and some conservatives seized on a GAO report showing Americans will work less...
Affordable Care Act Expands Whistleblower Protections for Employees
For many years, the Occupational Health and Safety Administration (OSHA) - a division of the U.S. Department of Labor - has provided protections to employees by establishing programs, policies and procedures aimed at creating safe and healthy working conditions for...
Sixth Circuit Court of Appeals Reinstates Pregnancy Discrimination Case
Plaintiff Jennifer Latowski was a CNA (Certified Nursing Assistant) for North Woods' Nursing Center in Farwell, Michigan. When the employer learned she became pregnant, they required her to get a doctor's note stating that she had no physical restrictions in order to...
University of Michigan Human Resource and Administrative Jobs Saved…For the Moment
Some University of Michigan Human Resource and Financial Services workers can breathe a sigh of relief. At least for now. The University has announced that it will put consolidation plans on a temporary hold after an awkward roll out of the cost saving plan. The irony...
What To Say – and Not Say – When You’re Fired
"What do I say about my last job?" 90% want to know the answer to this question. Unfortunately, there is no "one size fits all" answer. Sometimes I can spend a hour or more with a client just working on the possible answers and the various implications. There are,...
Recent Rulings by the IRS, DOL and EBSA Provide Guidance on FMLA, Federal Taxes, and ERISA for Same-Sex Spouses
The June 26, 2013 Supreme Court decision in U.S. v. Windsor struck down Section 3 of the Defense of Marriage Act (DOMA) of 1996, which established marriage as a legal union between one man and one woman, further defining a "spouse" as only a person of the opposite...
The Parental Bereavement Act of 2013 : FMLA and Employment Protection for Bereaved Parents
While the 1993 Family and Medical Leave Act (FMLA) provides twelve workweeks of leave to eligible employees for the birth of a child or the care of a sick loved one, the law as it currently stands provides no direct protection for families facing the death of a child....
EEOC Settles First GINA based Employment Lawsuit
The ability to access genetic information for indicators of potential disease has been a growing source of concern for many employees, who may fear potential retaliation or loss of employment on that basis. New technology makes it ever more likely that genetic...
