Following the National Labor Relations Board’s (“the Board”) February opinion in the McLaren Macomb case, employers are strongly encouraged to review any non-disclosure, non-disparagement, and confidentiality clauses in their severance agreements. Addressing severance agreements between a Michigan hospital and [...]
In October, the U.S. Supreme Court heard oral argument in a case analyzing whether employers can claim overtime exemption under the Fair Labor Standards Act (“FLSA”) for highly compensated workers who are not paid a weekly or annual salary. In [...]
Last month, the Supreme Court agreed to hear a case called In Re Grand Jury, which asks the justices to decide whether the attorney-client privilege should apply to protect communications that include both legal and non-legal advice. Because employers often [...]
On April 29, 2019, the U.S. Department of Labor issued a new opinion letter regarding the independent contractor / employee distinction under the Fair Labor Standards Act (FLSA). In opinion letter FLSA2019-6, the Department’s Wage and Hour Division (WHD) addresses [...]
Earlier this month, the U.S. Department of Labor’s (DOL) Wage and Hour Division released updated Family Medical Leave Act (FMLA) forms. The DOL forms are designed to meet employer’s requirements for providing certain notices to employees (such as notices [...]
In an earlier post, we analyzed the Supreme Court’s holding in Epic Systems Corp. v. Lewis, which held that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually rather than through a collective [...]
In the wake of public outrage over Harvey Weinstein, who escaped public notice of numerous sexual harassment complaints against him through The Weinstein Co.’s use of non-disclosure agreements (NDAs) in settling the complaints, and Congress, which has reportedly spent millions [...]
In a big win for employers, the U.S. Supreme Court ruled 5-4 last week in Epic Systems Corp. v. Lewis that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually, rather than through legal [...]
In an opinion issued on March 7, 2018, EEOC v. R.G. and G.R. Harris Funeral Homes, Inc.,[note]__ F.3d __, 2018 WL 1177669 (6th Cir. 2018)[/note] the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) expressly held that [...]
