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Are your student internship programs keeping pace with changes in the law? New Department of Labor regulations released this year make unpaid internships legal – as long as students are the primary beneficiary of the internship.  Nemeth Law Senior Attorney Nicholas Huguelet shares legal guidelines and offers tips to keep employers on the right side of the law when it comes to unpaid internships. Read More ›

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The deadline for filing the EEO-1 report is March 31. This report monitors job patterns of women and minorities. If you are a private employer or federal contractor and meet key parameters, your report needs to be filed online at EEOC.gov. Nemeth Law Senior Attorney Nicholas Huguelet shares more details on the EEO-1 report in this quick video. Read More ›

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On March 7, 2018, the Sixth Circuit Court of Appeals (covering Michigan, Ohio and Tennessee) held that Title VII prohibits discrimination against an employee because of his/her transgender status. EEOC v. R. G. & G. R. Harris Funeral Homes, Case No. 16-2424.  Just weeks before, on February 26, 2018, the Second Circuit (covering New York, Connecticut and Vermont) held that Title VII also prohibits discrimination by an employer on the basis of sexual orientation.  Zarda v. Altitude Express, 883 F.3d 100 (2d Cir. 2018). Our firm covered the lower court opinions in a prior blog (July 26, 2017). Read More ›

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While most of us are focused on Tax Day as the next major federal filing deadline, large employers and federal contractors should not lose sight of March 31 – the deadline for filing EEO-1 reports. For those who are unfamiliar, the EEO-1 report is a compliance survey mandated by the Equal Employment Opportunity Commission (EEOC) under its regulations implementing Title VII of the Civil Rights Act. Through this report, the EEOC collects data on the race, ethnicity, and sex of private-sector employees, which is subdivided by job category. The EEOC will use this data to analyze job patterns of women and minorities in private industry in order to guide enforcement efforts. To this end, the information included in an employer’s EEO-1 report may be used in litigation against that employer. Read More ›

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On July 26, 2017, the White House announced transgender individuals would no longer be allowed to serve in the military and provided guidance to the U.S. Department of Defense (“DOD”) consistent with that announcement.  On August 25, 2017, President Trump sent a memo to the DOD with further instructions that the DOD should stop allowing transgender individuals to enlist.  The ACLU along with pro bono law firms have challenged these actions.  On August 28, 2017, lawsuits were filed alleging violations of the United States Constitution by failing to provide the transgender community with equal protection of the laws and by treating them more harshly than other individuals.  Read More ›

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Michigan’s public sector bargaining law, the Public Employment Relations Act (PERA), MCL 423.201 et seq., has long recognized the right of a union to “prescribe its own rules with respect to the . . . retention of membership.” A right-to-work amendment to that law (2012 PA 349) provides that a public employee cannot be forced to “remain a member of a labor organization or bargaining representative or otherwise affiliate with or financially support a labor organization or bargaining representative.” In light of these provisions, can a union limit membership revocation to a one month window period each year? Is this a lawful union rule relating to the retention of union membership? Or, is it an unlawful attempt to force a public employee to remain a member and pay dues? Read More ›

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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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