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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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Late yesterday, a federal court in Texas issued a temporary nationwide injunction delaying implementation of the Department of Labor's (the "DOL") new overtime regulations. The injunction will remain in effect until the Court can conduct a more in-depth review of the legal and constitutional challenges to the regulations. This eleventh-hour injunction comes as the regulations were set to go into effect in a little over a week on December 1, 2016. If not enjoined, the regulations would have extended overtime pay eligibility to an estimated 4.2 million more employees across the country, including over 100,000 employees in Michigan. This would have been accomplished by (more than) doubling the salary level requirement from $455 per week ($23,660 per year) to $913 per week ($47,476 per year) for employees who are to be considered exempt from federal overtime pay requirements under the so-called "white collar" exemptions to the Fair Labor Standards Act. Read More ›

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Now that the election is over and President-elect Trump will take office, employers may be wondering how they will be affected. Who Trump will nominate to the U.S. Supreme Court, what legislation will be passed by Congress, and what regulatory rollbacks will occur are currently all up in the air. One way he can make an immediate impact from day one is through Executive Orders (EOs). Executive Orders have long been used by Presidents to manage operations within the federal government. President Obama used them to make sweeping changes in requirements for federal contractors. President-elect Trump has indicated that reversing many of Obama’s Executive Orders will be among his first acts. Read More ›

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On November 16, 2016, a federal court in Texas issued an order permanently prohibiting the Department of Labor (DOL) from enforcing its new “Persuader Rule.” The DOL’s Persuader Rule interprets a provision of the federal Labor-Management Reporting and Disclosure Act (LMRDA) that requires employers and consultants hired to assist in communicating and advising employees of their rights and the law during a union campaign, to report their business relationship. Read More ›

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Franchisors should be wary following fast food giant McDonald’s recent agreement to pay $3.75 million to settle a lawsuit for wage and hour violations allegedly committed by one of its California franchisees. Nemeth Law attorney Kellen Myers explains that a federal lawsuit filed in 2014 by franchisee employees alleged that McDonald’s was liable as a joint employer under California law. In a ruling in August 2016, the court agreed that McDonald’s was not a joint employer but allowed the lawsuit to proceed on an alternative legal theory of “ostensible agency,” meaning it appeared to the employees that they were employed by McDonald’s. Following the court’s decision, McDonald’s chose to settle the lawsuit rather than proceed to trial. Read More ›

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