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Employment Law

Consider settling if others can bolster individual’s sex discrimination claims

01/09/2009

If an employee is threatening litigation, try to find out whether others who belong to the same protected class might support her claims. If so, it may be time to settle.

Review contract language before changing benefits

01/09/2009

If your organization has a collective-bargaining agreement with a union, you must make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone.

Buying a company’s assets? Liabilities may be included

01/09/2009

If your organization is in good fiscal shape in these tough times, top brass may be looking to snap up the assets of failed companies at bargain prices. Remind management that it may end up picking up liabilities such as unemployment insurance claims if it doesn’t structure the deal correctly.

Muslim man claims bias at Dearborn Wal-Mart

01/09/2009

Louay Kezy, a former stockroom clerk at a Wal-Mart store in Dearborn, has filed a $12 million lawsuit claiming he was harassed and fired because of his Arab and Muslim heritage. Kezy, who worked at the store from March to August 2008, claims that co-workers made terrorist jokes and hostile remarks such as “We hate you all” …

State Supreme Court upholds reverse discrimination verdict

01/09/2009

The Michigan Supreme Court upheld a jury verdict in favor of Kenneth Sciotti, a Detroit municipal employee who claimed he was denied promotions because he is white.

Kalamazoo outlaws sexual orientation discrimination

01/09/2009

The Kalamazoo City Commission in December enacted a law prohibiting discrimination based on sexual orientation. The measure mirrors ordinances enacted in at least 15 Michigan cities, including Ann Arbor, Ferndale and Grand Rapids.

Feds file harassment suit against Muskegon County

01/09/2009

Muskegon County faces a U.S. Department of Justice (DOJ) lawsuit claiming the county failed to respond to sexual harassment complaints dating back nine years. In 2000, Eva Amaya, a former computer analyst for the 60th District Court, complained about inappropriate touching by co-worker Eugene Beene …

Workers’ comp for unpaid interns?

01/09/2009

Q. A local college has asked our company to allow a student to work at one of our plants for credit this summer. The student would not be paid, which sounds like a great deal for the company. However, we are concerned about what would happen if the student were injured while interning. Would we be liable?

Where should we hold our upcoming collective-bargaining sessions?

01/09/2009

Q. Our company is heading into union contract negotiations early this year, and I have been asked to organize the bargaining sessions. I know in the past we have bargained at a local hotel, but we always get stuck with the bill. Does the company have to pay for hotel conference rooms and the refreshments? This cost adds up over a period of weeks. What are the realistic options?

What are the new rules on observation of DOT-mandated drug and alcohol tests?

01/09/2009

Q. Is it true that someone now has to watch my employees give urine specimens as part of DOT drug and alcohol testing?