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The conventional wisdom by which many employers abide is to limit the cost of resolving employment disputes by requiring that employees arbitrate their employment disputes individually, rather than as a class. Generally, arbitration is more convenient, cheaper, faster, and less burdensome than traditional litigation. However, many of these benefits may be lost with class actions. Class actions bring procedural complications in addition to potential significant liability. To avoid this, many employers incorporate class action waivers into their employment arbitration agreements. Read More ›

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May 1 is the traditional welcome of spring known as May Day. But will May Day 2017 hold another meaning? With calls on by national labor and civil rights groups for a general strike – all workers and industries welcome -don’t let this May Day become mayday in your workplace.  Nemeth Law attorney Nick Huguelet talks about the reasons behind the strike and legal do’s and don’ts for employers handling employees who participate. Read More ›

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Strike! In a call for solidarity, local and national civil rights groups and labor organizations across the country have announced a general strike on May 1, 2017 for employees across all employers in every industry. While some are demanding a “living wage,” the strike, by most accounts, is designed to call attention to the immigration and refugee policies of the Trump administration. Indeed, the City of Seattle unanimously passed a resolution proclaiming May 1, 2017 “a day of action for worker and immigrant rights,” which permits city employees to take the day off “as a matter of conscience to attend these activities.” By some estimates, upwards of 400,000 workers may engage in this one-day strike next week. Regardless of the extent, however, each employer should be prepared to address a potential job action in its own workplace. Read More ›

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Earlier this month, a Florida Appeals Court overruled a lower court decision finding that a former Uber driver was eligible for unemployment benefits. The Appeals Court deemed the Uber driver an independent contractor, making him ineligible for unemployment. Meanwhile, back in Michigan, a new law that goes into effect on March 21, 2017 will take the issue out of Michigan Courts, at least for ridesharing companies. Nemeth Law founder Patricia Nemeth explains that the Michigan Limousine, Taxicab and Transportation Network Company Act defines drivers in these gig economy networks as independent contractors, assuming select criteria are met. Read More ›

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It’s Valentine’s season, and that impacts the workplace, too. Nemeth Law management-side labor and employment attorney Anne Widlak looks at the less-than-lovely aspects of office romance. What to do? “No dating” policies are ill advised, hard to enforce and can have negative ramifications on culture.  Implementing a fraternization policy, which sets guidelines for office romance, especially supervisor/employee relationships, is an effective approach.  Be careful the policy doesn’t limit the employees’ ability to discuss non-romantic issues, though…Anne Widlak tells you why. Read More ›

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In what appears to be the first appellate court directly ruling on this issue, a Florida state appeals court ruled last week that Uber drivers are independent contractors and not employees. Read More ›

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In Seattle, select Uber and Lyft drivers will soon have the right to unionize. Drivers at both companies are currently considered independent contractors – and the companies would like to keep it that way. Uber in particular is pushing back and cautioning that the future of ride sharing is at stake. This is the first law of its kind dealing with the transportation side of the sharing economy; Nemeth Law attorney Mike Bommarito takes a closer look at the issues. Read More ›

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A recent Michigan Court of Appeals case emphasizes the importance for employers in carefully drafting arbitration agreements, to ensure that clear notice is provided to an employee that he or she is waiving the right to litigate statutory discrimination claims in court. In the case, Shaya v. City of Hamtramck, plaintiff Steve Shaya was employed by the City of Hamtramck as its Director of Public Services under a written employment agreement. Shaya was later terminated by the City, based on allegations of malfeasance in the performance of his duties. Shaya sued in state court, alleging ethnicity discrimination in violation of Michigan’s Civil Rights Act (CRA) and its Whistleblowers’ Protection Act (WPA). Read More ›

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The holidays are here and so are holiday office parties. A time for celebration and holiday cheer, right? Yes, but with some caveats. Nick Huguelet, an attorney with Detroit-based labor and employment law firm Nemeth Law, offers several party tips for employers to keep their staff happy - and employed. Read More ›

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The Nemeth Law team wishes you and your family a joyful and relaxing holiday season. As we prepare to celebrate our 25th anniversary as a firm in 2017, we thank you for your continuing support and wish you a prosperous New Year! Read More ›

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