Michigan News & Analysis

  • Court affirms right to rescind job offer for medical marijuana use

    The Michigan Court of Appeals affirmed a lower court's grant of summary judgment (dismissal without a trial) in favor of a public employer that rescinded a conditional employment offer arguably based on a positive drug test despite the assumption the candidate was in compliance with the Michigan Medical Marihuana Act (MMMA).

  • Know the legal issues you face when employees work past 65

    According to the Bureau of Labor Statistics (BLS), about one-third of Americans between the ages of 65 and 69 are still employed. That number has been steadily rising, and it's expected to reach 36 percent over the next five years.

  • R-E-S-P-E-C-T: Find out what it means to your employees

    Leadership is a two-way street, loyalty up and loyalty down. Respect for one's superiors; care for one's crew.

  • Recent developments in independent contractor determinations

    Using independent contractors can be helpful in reducing costs. Worker misclassification, however, places businesses at risk of costly litigation and intrusive government investigations. Below are some recent developments relating to independent contractors.

  • Why you shouldn't discipline employees for social media posts

    Q To what extent can I use what I find on social media, such as Facebook and Twitter, in disciplining employees.

  • Save the date!

    THE MURRAY LAW GROUP is holding its 2019 Immigration Law Seminar "Immigration 2019: What Is Going On?" on Friday, May 3, 2019, at the Auburn Hills Marriott Pontiac, 3600 Centerpoint Parkway, Pontiac, MI 48341. Please call (248) 540-8019 for more details.

  • Union Activity

    Teamsters challenge effort to preempt California meal, rest break requirements. The International Brotherhood of Teamsters in February challenged the U.S. Department of Transportation's (DOT) Federal Motor Carrier Safety Administration's decision to preempt California's meal and rest break rules. The International union, Teamsters Local 848, and individual truck drivers filed a petition for review with the U.S. 9th Circuit Court of Appeals. The DOT's decision would preempt California law that provides truck drivers with a 10-minute rest break after four hours of driving and a 30-minute meal break after five hours. "We are standing united in opposition to this decision," Teamsters General President Jim Hoffa said. "Highway safety for Teamster members and the public must never be put at risk just so that transportation corporations can eke out a little more profit." A preemption of California's law could affect members of Teamsters Local 848, which represents about 7,200 workers in Southern California, many of whom are commercial truck drivers.

  • Fines for H-1B wage violations

    Recently, the U.S. Department of Labor (DOL) ordered an employer to pay an H-1B employee all back wages owed because it had violated immigration laws concerning wage payments to H-1B workers. Employers that hire H-1B workers should be aware of the wage and pay requirements this classification entails.

  • Michigan's PWDCRA is distinguishable from federal ADA

    The Michigan Court of Appeals recently affirmed a lower court's dismissal of a lawsuit filed by an employee after she was terminated for refusing to return from medical leave even though she underwent an independent medical exam (IME) and was declared capable of returning to work. The lower court found the employee's requested accommodation of additional leave unreasonable, but the court of appeals stopped short of agreeing with that characterization, holding instead that an accommodation request in and of itself doesn't constitute protected activity under Michigan's disability discrimination law.

  • A treatment plan for negative online employee reviews

    The Wall Street Journal recently reported on its discovery that, after analyzing millions of online reviews of various companies by their current and former employees, it appeared that more than 400 employers might be gaming the system. Each of the companies experienced unusually large single-month increases in the number of reviews posted by their employees to the jobs website Glassdoor. The surges tended to be disproportionately positive not only for the months in which they occurred but also by comparison to the surrounding months. The clear implication was that someone in a position of authority at the companies had spearheaded a campaign to get employees to post positive reviews to the site in an effort to counteract the overwhelmingly negative ones already posted.