Michigan News & Analysis

  • 6th Circuit narrows definition of 'similarly situated' under the ADEA

    In a recent decision, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) found that a difference in the supervisor who managed a former employee and the supervisor who oversaw the "similarly situated" coworkers she compared herself to was relevant to the former employee's Age Discrimination in Employment Act (ADEA) claim.

  • Individual coverage HRAs probably not option for 2020

    On his very first day in office, President Donald Trump issued an Executive Order instructing federal agencies to lessen the Affordable Care Act's (ACA) burden on the organizations and individuals who were subject to its requirements. More than two years later, the ACA is limping along, but the Trump administration is still working to carry out that order.

  • How to identify and minimize employee burnout

    You may have seen reports recently that the World Health Organization (WHO) has classified employee burnout as a diagnosable medical condition. While that's not exactly accurate, the group has expanded its definition of the term in its latest edition of the International Classification of Diseases.

  • Compensation issues for commissioned salespeople in Michigan

    Michigan's Sales Representative Commission Act (SRCA) allows salespeople who are paid on a commission basis to obtain significant damages if their employer doesn't timely pay them the sales commissions they are owed. Here's an overview of the SRCA and the penalties for noncompliance.

  • Managing requests for leave, medical restrictions, and accommodations, part 3

    This month, "Asked & Answered" presents the third installment in our four-part series addressing frequently asked questions about effectively managing employees' requests for leave, medical restrictions, and accommodations.

  • USCIS offers premium processing service to most visa applicants

    Premium processing is a special service that guarantees a result on a visa petition within 15 days of filing an eligible petition with U.S. Citizenship and Immigration Services (USCIS). The premium processing fee is an additional $1,410 on top of the other applicable USCIS filing fees.

  • Favoritism may serve as legitimate nondiscriminatory reason for rehiring

    The Michigan Court of Appeals held that a nursing facility didn't engage in race discrimination when it rehired a Caucasian nurse but not an African-American nurse because the Caucasian nurse was afforded a second chance based on a coworker's recommendation and insistence.

  • DOL updates opinion on independent contractors for the gig economy

    Under the Trump administration, the U.S. Department of Labor (DOL) has taken a decidedly industry-friendly approach to the independent contractor analysis. If there was any doubt before, that was made clear by its recent issuance of a whopping 10-page opinion letter examining the nature of the relationship between a virtual marketplace company (think Uber) and the "gig" workers they employ (e.g., Uber drivers).

  • Republican-led NLRB rolling back previous Board changes

    The current majority-Republican National Labor Relations Board (NLRB) recently announced its agenda to clarify federal labor law through rulemaking. Also, the Board continues to roll back changes to long-standing precedent made by the previous Obama NLRB.

  • Managing requests for leaves, medical restrictions, and accommodations, part 2

    Asked and Answered is continuing its four-month series addressing frequently asked questions on how to effectively manage requests for leaves, restrictions, and accommodations.