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Employment Law

Obesity discrimination is common — and against the law

10/10/2008

A recent study by Michigan State University and Hope College found that employers perceive overweight workers as lazier, more emotionally unstable and harder to get along with than their “normal weight” counterparts.

Use blind résumé review for bias-free hiring, promotions

10/10/2008

Michigan’s Elliott-Larsen Civil Rights Act makes it unlawful to refuse to hire or recruit someone because of “religion, race, color, national origin, age, sex, height, weight or marital status.” But applicants sometimes provide that information on their résumés. Have someone take those résumés and black out any information that hints at any of those protected categories.

Courts rein in some out-of-bounds employee lawsuits

10/10/2008

Sometimes, it seems as if employees and their attorneys will try anything to squeeze money from employers. But now some courts are telling employees, “Enough is enough.”

Michigan SEIU official on leave in wake of L.A. allegations

10/10/2008

Rickman Jackson, president of the Service Employees International Union (SEIU) Healthcare Michigan, has taken a voluntary leave of absence during an investigation into questionable financial dealings at the Los Angeles SEIU chapter …

Sales VP took sales overseas

10/10/2008

Three former employees of Metaldyne Corp. in Plymouth have pleaded guilty to plotting to steal trade secrets and sell them to industry competitor Chongqing Huafu Industry Co. of Chongqing, China …

Independent contractor tanks firm

10/10/2008

For five years, Eric McAlpine worked on an independent contractor basis as a bookkeeper for American Titleworks. During that period, he stole a staggering $800,000 in checks from real estate buyers and sellers and banks, plus almost $1.5 million from escrow accounts …

New law: Employers must review outside investigators’ work

10/10/2008

In May 2008, Michigan enacted the Professional Investigator Licensure Act. The act has a significant impact on how employers can conduct background checks and investigations. A violation of the act is a felony punishable by imprisonment for not more than four years or a fine of not more than $5,000, or both …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

Are we allowed to do anything that limits political expression at work?

10/10/2008

Q. Some union employees are wearing buttons and T-shirts as well as posting signs advocating presidential candidates. At first it was not bothering anyone, but now it has gotten out of hand. Is there anything I can do to prevent employees from exhibiting their political views in the workplace? …

What happens when union and employer disagree over what the arbitrator meant?

10/10/2008

Q. Our company has a union, and we recently lost a case in arbitration. The company and the union disagree on what the arbitrator held, and what is required of the company because of the award. The union is threatening to file unfair labor practice charges if we don’t implement the award as they interpret it. What do we do now? …