Showing 11 posts from 2020.
Remote Work in the Pandemic Age: Employer Obligations and Best Practices
As a result of the COVID-19 pandemic in Michigan, state agencies responsible for protecting public health and worker safety have imposed a general legal obligation on most employers to require that employees who can feasibly work remotely do so. This article will review that general obligation and discuss best practices for employers. Read More ›
Categories: Employee Handbook, Employment, Labor Relations
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Supreme Court to Determine Whether Employees in Michigan can Secretly Record Conversations
Can an employee in Michigan secretly record a conversation they are involved in without consent of other people involved in the conversation? It has long been assumed, based on precedent from the Michigan Court of Appeals, that such recordings are legal, and therefore that Michigan is a “one party consent” state. However, that issue may soon be settled in a more definitive fashion by the Michigan Supreme Court. Read More ›
Categories: Compliance, Employment, Lawsuit, Legislative Updates
Preparing to Deal With Employee Absences as Schools Move to Remote and Alternate Schedules
As the fall nears, the school year is about to kick off. While employees juggling work and school obligations can always present an issue, this year could prove to be a little more complicated than usual. Although some schools are preparing to go back to school in-person, others are utilizing a variety of modified schedules, or going totally remote. Even those schools going back in-person will inevitably be faced with children who have COVID-19 or at the least, symptoms as we move into flu season. Read More ›
Categories: Department of Labor, Employee Handbook, Employment
Supreme Court Upholds Right of Employers to Opt Out of ACA Contraceptive Mandate on Religious or Moral Grounds
The U.S. Supreme Court, in a July 8, 2020 decision, upheld the validity of religious and moral exemptions for employers from requirements that contraceptive coverage be included under employer provided health insurance pursuant to the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”). Read More ›
Categories: Employment, U.S. Supreme Court
U.S. Supreme Court Rules that Workplace Discrimination on the Bases of Sexual Orientation and Gender Identity is Prohibited Under Title VII
In a significant ruling that has major implications for employers and employees, the U.S. Supreme Court, in the case of Bostock v. Clayton County, Georgia, held that the federal prohibition on discrimination “because of sex” found in Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. Read More ›
Categories: Employee Handbook, Employment, News, U.S. Supreme Court
Part Two: What You Need to Know Before Conducting a Workplace Investigation in Michigan
See more from the June 2020 issue of Labor & Employment Law News.
Conducting a workplace investigation is a challenging and risk-filled endeavor for all employers. It is imperative that businesses move quickly and decisively to investigate allegations of wrongdoing because public and private companies are coming under greater scrutiny from the federal, state, and local governments and regulatory bodies, and are increasingly in the crosshairs of plaintiffs’ attorneys bringing lawsuits and calling their practices into question.
Part One of this series dealt with the scenarios of what warrants an investigation and why employers should conduct workplace investigations. Part Two discusses what to do when a complaint has been filed and what actions should be taken following an investigation. Read More ›
Categories: Compliance, Employment, Lawsuit, Regulations
Part Two: Stay on the Right Side of the Law When Conducting Job Candidate Background Checks
See more from the June 2020 issue of Labor & Employment Law News.
In the past, background checks on prospective employees were done as a matter of course by employers. The only real risk employers faced was missing a red flag in a candidate’s background, resulting in a poor hiring decision. However, in the wake of new legislation, employers must take great care to avoid liability while filtering out information about their job candidates during the hiring process. In Part One of this series, we discussed the ins and outs of conducting both Criminal and Fair Credit Reporting Background Checks. This article discusses social media background checks, medical examinations/drug testing and background check best practices. Read More ›
Categories: Employee Handbook, Employment
The Impact of Coronavirus on Employers
Attorney Cliff Hammond addresses issues facing Michigan employers amidst the COVID-19 epidemic during an interview with mConnexions' Principal Strategist, Julie Holton. Hammond covers topics such as the new Families First Coronavirus Response Act, as well as the Michigan Stay Safe, Stay Home Executive Order and what these new rules mean for employers. You can view the entire interview below. Please visit our Coronavirus Task Force page for more resources related to this ongoing situation.
Categories: Employment
COVID-19 Resources of Employment Law
The COVID-19 pandemic and the recent Executive Order 2020-21 has raised many questions for employers across the state. Foster Swift is ready and able to assist any business in making the determination about whether it is exempt, or to answer any other questions you may have regarding the impact of COVID-19 on your business. With the uncertainty and partial information surrounding the Coronavirus, consider the following articles and interview for relevant and accurate updates:
- Update to the Families First Coronavirus Response Act
- COVID-19 Legal Issues for Employers
- Families First Coronavirus Response Act - Division E-Emergency Paid Sick Leave Act
- How Does Coronavirus Impact your Contracts?
- Michigan Employers - FAQs on Coronavirus and your Employees
- Clifford Hammond mConnexions Interview
Part One: What You Need to Know Before Conducting a Workplace Investigation in Michigan
Conducting a workplace investigation is a challenging and risk-filled endeavor for Michigan employers. Done right, an investigation can unearth important information that can help bring an end to deleterious behavior—or affirm that nothing unlawful or improper is or was taking place. In either case, an investigation can restore trust and credibility internally and externally. Done poorly, an investigation erodes trust and can result in legal and financial consequences, loss of employee morale, and reputational damage. Read More ›
Categories: Compliance, Employment, Harassment, Lawsuit, Liability
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