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Pot in the Workplace

Pot in the Workplace

Last Tuesday, Michigan voters approved a ballot initiative legalizing the sale and use of recreational marijuana.  The next morning, my phone started ringing with calls from CFOs and HR Managers trying to figure out how the new law will impact exist…
Is the Legislature Playin…

Is the Legislature Playing ‘3D’ Chess?

Until recently, two separate citizen-initiated proposals were scheduled to appear on the November ballot: (1) the Michigan minimum wage increase initiative (“One Fair Wage”), which would gradually increase Michigan’s minimum wage to $12 an hour…
I Thought You Said I Coul…

I Thought You Said I Couldn’t Ask About His Health?

Faced with a mountain of legislation and regulations designed to protect employees from discrimination and invasions of privacy, many employers and supervisors understandably fear making any inquiry about a worker’s physical or mental health.  Whi…
Transgender Status a Prot…

Transgender Status a Protected Class

It is well-known that sex discrimination violates Title VII of the Civil Rights Act of 1964.  What has been less clear is whether discrimination based on transgender status falls within the definition of “sex discrimination.”   In other words,…
Opioids in the Workplace

Opioids in the Workplace

While the United States grapples with staggering opioid abuse throughout the country, companies face a virtual minefield where their legitimate need to maintain a drug-free workplace collides with their employees’ right to use prescription drugs fo…
Supreme Court Employment…

Supreme Court Employment Law Update

In what has been a consequential and controversial Term, the U.S. Supreme Court recently issued two opinions that may impact employer policies and practices.    In Encino Motorcars v. Navarro, the Court ruled that service advisors (i.e., employees…
Student Interns: Pay vs E…

Student Interns: Pay vs Education

The Fair Labor Standards Act requires for-profit employers to pay their employees for work performed. A seemingly simple principle, right? But the body of litigation over who is considered an “employee” and subject to the pay regulations of the A…
Don't Buy Exposure for Un…

Don't Buy Exposure for Unpaid Wages

In December, the U.S. Department of Labor filed suit against metro Detroit grocer, Nino Salvaggio Fruit and Vegetable Market, Inc., alleging that the Troy, St. Clair Shores and Clinton Township stores violated the Fair Labor Standards Act (“FLSA”…
Minimum Wage Increase Com…

Minimum Wage Increase Coming in 2018

While the federal minimum wage of $7.25 has not increased since 2009, states can impose a minimum wage above the federal amount. As we have mentioned before, Michigan has done just that, and on January 1, 2018, the Michigan minimum wage increased $0…
When a Jury Beats a Judge

When a Jury Beats a Judge

I represent a lot of companies in disputes with customers, suppliers, and employees. Conventional wisdom says that a judge or “bench trial” is preferred for a corporate defendant rather than a trial by jury. Many contracts and employment…