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On December 13, 2018, Michigan’s governor signed into law two bills affecting employers in Michigan: a minimum wage law and a paid sick leave law. Versions of the laws were originally adopted in September 2018, when the Michigan legislature took advantage of a state process allowing it to adopt proposals that would otherwise be on the ballot in an election.…
The Paid Family Leave trend is gathering speed in states around the country. Currently, California, New Jersey, New York, Rhode Island, and Washington have paid family leave programs, as does Washington, D.C. Unlike state and municipal sick leave laws, the paid family leave programs generally are administered by the state, not the employer. Many of the state programs have involved the use of pre-existing temporary disability insurance programs, which going forward…
Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay requires a detailed analysis of complex regulations. The result of an employer’s analysis can be very consequential for the organization.  If an employee, or worse, a group of employees, are improperly classified as exempt the result can be liability for…
The myriad of leave laws and requirements often make employee leave requests an area of confusion, concern and risk for employers. If an employee has a medical condition and must take leave from their job, there may be several laws, benefits and policies that cover the situation.  Many employers are familiar with the Family and Medical Leave Act (FMLA) process as well as their own company’s policies for PTO, sick time and short or…
Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a number of other factors that employers must consider when planning for the actual implementation of such a change. As one recent federal appeals case originating in Pennsylvania shows, employers should pay particular attention to the impact of their layoff…
In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting chestnuts from a fire for the pair to eat. However, as the cat removes the chestnuts, the monkey eats the whole treat and leaves the cat with a burned paw and no chestnuts to…
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits based upon website accessibility pose an emerging threat to real estate brokers, lenders, homebuilders, and ultimately, any company that has a web presence. Today almost all companies have a website, which is often used as the primary method to provide information and…
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits based upon website accessibility pose an emerging threat to real estate brokers, lenders, homebuilders, and ultimately, any company that has a web presence. Today almost all companies have a website, which is often used as the primary method to provide information and…
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits based upon website accessibility pose an emerging threat to real estate brokers, lenders, homebuilders, and ultimately, any company that has a web presence. Today almost all companies have a website, which is often used as the primary method to provide information and…
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits based upon website accessibility pose an emerging threat to real estate brokers, lenders, homebuilders, and ultimately, any company that has a web presence. Today almost all companies have a website, which is often used as the primary method to provide information and…