Vets can waive reintegration rights for ‘more beneficial’ package
A returning military veteran can waive his rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) as long as he receives consideration “more beneficial” or in addition to...
View ArticleHow much time off is enough?
It’s one of the most difficult issues that Jeffrey J. Fraser’s clients struggle with: how to get workers with disabilities back to their jobs. That’s not going to get easier any time soon, as the Equal...
View ArticleEmployment Law — Whistleblower Protection Act — Protected Activity
A police chief filed an action under the Whistleblower Protection Act because he wasn’t reappointed after the city refused to pay administrative personnel for unused vacation time in violation of a...
View ArticleProof of employer directive not needed to get to jury
A plaintiff claiming she was fired for refusing to break the law on behalf of her employer doesn’t need to prove that the employer specifically ordered her to do so, the 6th U.S. Circuit Court of...
View ArticleSCOTUS adopts ministerial exception: Attorneys hope future cases will provide...
With its ruling in Hosanna-Tabor v. EEOC , the Supreme Court of the United States has officially endorsed an employment law affirmative defense for religious organizations making adverse decisions...
View ArticleOn the Stand: Megan Bonanni
Ever engaged in a conversation with a French trucker? If so, you may want to thank Megan Bonanni for that. After going to Kalamazoo College for a foreign-study program, she moved to France. There, she...
View Article6th Cir: MMMA can’t save fired employee
The Michigan Medical Marihuana Act (MMMA) may protect a registered user from criminal penalties should he be arrested for certain marijuana crimes. But it doesn’t protect the same registered user from...
View ArticleWorkers’ Compensation – RICO claim stated against comp administrator,...
Where plaintiffs claim that their employer, a workers’ compensation administrator and the administrator’s doctor used the mail to fraudulently deny workers’ compensation claims, the federal district...
View ArticleLabor – Retirees not bound by prior union litigation
Plaintiff retirees are not bound by litigation brought against their former employer by the unions that represented plaintiffs when they were working, the 6th Circuit has decided. The adverse decision...
View ArticleEvaluating an employer’s obligation under the Fair Credit Reporting Act
Enacted in 1970 and enforced by the Federal Trade Commission, the Fair Credit Reporting Act is designed and intended to protect an individual’s reputation from the circulation of inaccurate...
View ArticleEmployer not bound by its own arbitration, limitations clauses
An employer does not have to abide by the six-month limitations period or the arbitration clause in its own employment agreement, a federal judge in Detroit has decided. The employee filed a motion...
View ArticleTop court limits supervisor liability under Title VII
An employer is not vicariously liable for a racially hostile work environment created by a co-worker who had no power to hire, fire or discipline the victim of the alleged harassment, the U.S. Supreme...
View ArticleU.S. high court says “Too darn bad” to class action
The U.S. Supreme Court’s continuing love affair with arbitration has yielded two recent decisions that will have a significant impact on consumer and employment cases, limiting class actions. In Oxford...
View ArticleElection-of-remedies provision is unlawful
A collective bargaining agreement’s election-of-remedies clause is retaliatory and unlawful under federal age and disability discrimination laws, a federal judge in Grand Rapids has ruled, addressing...
View ArticleChanges to diagnostic manual will impact litigation
Changes in the latest edition of the American Psychiatric Association’s diagnostic manual are likely to have an impact in the courtroom. The fifth iteration of the Diagnostic and Statistical Manual of...
View ArticlePartner’s lawsuit over pay dismissed
A federal judge in Ann Arbor has struck down a white, 59-year-old male attorney’s claims that, regarding compensation, his law firm discriminated against him based on his age, race and gender. The...
View ArticleAn employer health hazard? Beware running afoul of federal, state laws
An employer-sponsored wellness program raises a veritable alphabet soup of concerns under federal law.
View ArticleKent Circuit Court: Roofing company’s competitors enjoined
A judge has awarded three-for-the-price-of-one relief.
View ArticleEmployment Law – Supervisory positions
Where an employer filed a petition with the Michigan Employment Relations Commission seeking to remove the positions of Chief Deputy Court Clerk and Urinalysis Laboratory Manager from the bargaining...
View ArticleEmployment Law – Whistleblower — ‘Reporting’
Where a defendant employer’s motion for summary disposition was denied in a Whistleblowers’ Protection Act suit, that was error, as the plaintiff could not show a causal connection between her...
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