BREAKING NEWS!!! — It seems that is a headline for everything these days but our latest update on this topic is indeed Breaking News. When we last visited this topic, we told you that the Michigan Civil Rights Commission (MCRC) had adopted a new policy “interpreting” the Elliot-Larsen Civil Rights Act (ELCRA). That policy was…
In an earlier blog on this subject, we told you that under existing state law (the Elliott-Larsen Civil Rights Act–ELCRA) did not prohibit discrimination in employment based upon Sexual Orientation or Gender Identity. We indicated that the state of the law as it existed at that time was likely NOT the final answer to the…
CAN AN EMPLOYEE BE FIRED FOR PUBLISHING EXTREMIST OPINIONS? Surprisingly to many, the answer is “Yes”. How come an employee’s opinions are not protected by our Constitutional Right of Freedom of Speech? The answer is relatively simple. The Constitution protects us from adverse action taken by the GOVERNMENT to curb free speech and impinge upon…
Homicide is the 5th leading cause of workplace fatalities in the US. Gun violence in the workplace is a matter of increasing focus and concern. At the same time, gun laws in the State of Michigan have “loosened” (for want of a better term) making Michigan a virtual “Shall Issue” state for concealed weapon permits…
Employers are concerned. It is possible to run afoul of anti-discrimination laws without intending to do so. Irrespective of one’s personal views on LGBT matters, we are often asked “if an employment policy appears to adversely affect gay people i.e. providing separate dressing areas because straight employees demand it” is it discrimination?” Simply put, employers…
“But I thought they were exempt employees”!!! The lament of the uninformed HR Director. The most prominent change in the final changes to overtime regulations by the Dept. of Labor is the increase in the salary level required for for exempt employees. The new “exempt” level is $47,476 annually ($913/week) to have the status of…
We are often asked “are non-compete agreements enforceable”? The problem is, we are usually asked this question when an employee who is subject to a non-compete is leaving his or her employment for “greener pastures”. The notion that said employee might have assigned away his/her right to work in the same industry with the same…
Drug testing is a fait accomopli in existing employment law. It is permitted and employers who have legitimate concerns regarding drug use are becoming increasingly interested in conducting drug testing. This is particularly true in the case of a new applicant for employment. So, you have an applicant for the job. You want to drug test…