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Preparing for Changes to Michigan’s Unemployment Insurance Agency

By Jason Shinn on August 19, 2019

The Unemployment Insurance Agency (UIA) is implementing changes intended to make it easier and more convenient to obtain unemployment benefits. On August 22, 2019, the UIA will update its customer contact center using the leading phone technology to provide greater efficiency and more contact options. For both employers and individuals using the UIA’s system, this (probably) is good news. More About the UIA Michigan’s Unemployment Insurance provides temporary income to unemployed workers who lost their…

Michigan Employment Law Advisor

Texas Court Blocks EEOC’s Criminal Conviction Guidance

By Jason Shinn on August 8, 2019

Criminal background checks are routine for job applicants. But in 2012, the Equal Employment Opportunity Commission (EEOC) disrupted that routine when it issued guidance for how and when criminal background checks should be used by employers. But – at least in Texas – the Fifth Circuit Court of Appeals restored the status quo; It ruled the EEOC cannot enforce the guidance against Texas to disqualify applicants with criminal convictions. Here’s a link to the Fifth…

Michigan Employment Law Advisor

The Shakey Foundation for Continued Employment as the Basis for Non-compete Enforcement

By Jason Shinn on August 1, 2019

Is “continued employment” sufficient “consideration” to support the enforcement of a non-compete agreement? It is an issue present in many non-compete disputes. But it is also an issue that may be overlooked or (incorrectly) assumed to be a “non-issue.” If you need a refresher course on what consideration is and why it matters, we’ve got you covered. As to how consideration plays out in non-compete disputes, I ran across a recent Illinois Court of Appeals decision…

Michigan Employment Law Advisor

Michigan’s Attorney General Recommends More Scrutiny for Enforcing Noncompete Restrictions

By Jason Shinn on July 25, 2019

Michigan’s Attorney General (AG) Dana Nessel joined 17 other State Attorneys General to respond to the Federal Trade Commission’s (FTC) request for public comments. These comments concern the FTC’s public hearings on Competition and Consumer Protection in the 21st Century. Ms. Nessel’s response echoes a growing concern across the United States about the use and enforcement of non-compete restrictions: See Employees Are Winners in Push-Back Against Non-compete Restrictions Among the recommendations made by Attorney General…

Michigan Employment Law Advisor

Businesses Show Overwhelming Support for Prohibiting Discrimination of LGBT Employees

By Jason Shinn on July 21, 2019

The U.S. Supreme Court is scheduled to hear a trio of cases involving the protection of lesbian, gay, bisexual, and transgender (LGBT) employees from discrimination in the workplace. The Court’s decision will likely eliminate or clarify what protections LGBT employees have under Title VII. Michigan Employer Fires Transgender Employee In 2016, we covered one of the cases before the U.S. Supreme Court, EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. In this case, a…

Michigan Employment Law Advisor

Companies Should Already be Doing What Oregon’s Amended Non-compete Law Requires

By Jason Shinn on June 7, 2019

A recent non-compete related law in Oregon caught my attention. Specifically, Oregon law (HB 2992), provides that noncompete agreements entered into after January 1, 2020, will only be enforceable against Oregon employees if the employer provides the departing employee with a signed copy of the agreement within 30 days after the employee’s date of termination. For more information about this Oregon law, see attorney Lindsey Reynolds’ coverage, New Requirement for Noncompetition Agreements in Oregon.…

Michigan Employment Law Advisor

Employees Are Winners in Push-Back Against Non-compete Restrictions

By Jason Shinn on June 4, 2019

Push-back by State Attorney Generals and state lawmakers against n0n-compete agreements may mean improved wages for employees. Specifically, the Wall Street Journal, by Harriet Torry, reported on May 18, 2019, that Resistance to Noncompete Agreements Is a Win for Workers. To support this conclusion, the WSJ article cited various state initiatives, including: Washington passing a law making noncompetes unenforceable for certain workers, including employees earning less than $100,000 a year; In 2015, Hawaii banned non-compete agreements…

Michigan Employment Law Advisor

Funeral Home and Former Employee Sued for Trade Secret Misappropriation

By Jason Shinn on May 21, 2019

An Ohio funeral home sued another funeral home and its former employee for alleged trade secret misappropriation. The plaintiff is also suing for defamation and tortious interference with its business expectancies. As to the trade secret claim, reporting from the Tribune Chronicle, by Renee Fox, indicates the plaintiff funeral home alleges its client list meets the statutory definition for a trade secret. The suit goes onto claim that the list was used by its former…

Michigan Employment Law Advisor

Is Interference from Over Agressive Noncompete Litigation to Blame for Slow Wage Growth?

By Jason Shinn on May 4, 2019

Despite a strong jobs report on May 3, 2019, wage growth continues to be a disappointment. See Axios post, “The Mystery of Sluggish Wages.” I don’t have all the answers, but I can point to at least a partial explanation for this mystery; the employment market is often contractually rigged by employers using overbroad contractual restrictions to artificially suppress wages. Offer Employees Better Compensation; Get Ready to be Sued. My law firm…

Michigan Employment Law Advisor

Michigan’s Attorney General Announces New Unit to Crack Down on Payroll Fraud

By Jason Shinn on April 23, 2019

On April 22, 2019, Michigan Attorney General Dana Nessel announced she will establish a Payroll Fraud Enforcement Unit to investigate wage theft. More specifically, this Unit will also investigate the misclassification of workers as independent contractors and the nonpayment of overtime. The Detroit News reported the AG’s new unit will focus primarily on the misclassification of employees as self-employed independent contractors. Such misclassification allows an employer to avoid paying overtime, health benefits or worker’s compensation…

Shinn Legal

Shinn Legal Blogs

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Preparing for Changes to Michigan’s Unemployment Insurance Agency

Texas Court Blocks EEOC’s Criminal Conviction Guidance

The Shakey Foundation for Continued Employment as the Basis for Non-compete Enforcement

Michigan’s Attorney General Recommends More Scrutiny for Enforcing Noncompete Restrictions

Businesses Show Overwhelming Support for Prohibiting Discrimination of LGBT Employees

Companies Should Already be Doing What Oregon’s Amended Non-compete Law Requires

Employees Are Winners in Push-Back Against Non-compete Restrictions

Funeral Home and Former Employee Sued for Trade Secret Misappropriation

Is Interference from Over Agressive Noncompete Litigation to Blame for Slow Wage Growth?

Michigan’s Attorney General Announces New Unit to Crack Down on Payroll Fraud

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