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Employment Law

National Guardswoman fights for promotion and wins

09/01/2007

A black female Michigan National Guard member has won a discrimination suit against the head of the guard, Maj. Gen. Thomas Cutler, and one of his top deputies, alleging they hired a less qualified white man for an airfield manager’s position …

Smells like trouble at Detroit planning agency

09/01/2007

A Detroit planning department employee has sued the city, claiming a co-worker’s perfume made it impossible for her to work. The co-worker, who transferred into the department a year ago, wore strong perfume and used a room deodorizer …

Law boosts pension portability as cash-Balance plans take off

09/01/2007

Dow Chemical Co., based in Midland, has announced it will adopt a cash-balance plan for new employees, making it the largest employer to do so since Congress passed legislation last year protecting new plans from age-discrimination lawsuits …

Use contractual limitations to protect company and managers

09/01/2007

Michigan courts have generally upheld as valid and enforceable provisions within an employment application or employment contract that place time limits on when employees can sue their employers. Thus, while the statute of limitations for filing a claim of discrimination under Michigan’s Elliott-Larsen Civil Rights Act is three years, a Michigan court has upheld contractual provisions providing for a shortened limitations period of six months …

Promotions and age discrimination

09/01/2007

Q. We are reviewing two employees for a promotion, one is 55 and the other is 45. We are concerned that if we select the younger employee, we will be charged with age discrimination. Are we safer selecting the older employee, assuming both candidates are qualified for the job? …

Can employees agree to waive their FMLA rights?

09/01/2007

Q. I have been told the company cannot require an employee to sign a valid release of a potential FMLA claim. We recently have gone through a downsizing. We have a severance policy that provides a nice benefit, but to qualify, the employee must sign a general release promising not to sue the company over any employment-related matter. The release includes any claim under the FMLA. Is that OK? …

Business travel and pay

09/01/2007

Q. We have asked one of our hourly (nonexempt) employees to attend a trade show in Las Vegas. He will be flying on Sunday and attending the trade show on Monday and Tuesday, and then returning Tuesday night on the “red eye.” Do we pay the employee for the hours he is traveling? What if he doesn’t come to work until 1 pm on Wednesday after flying all night? …

Labor Department audit may trigger huge lawsuit

09/01/2007

You may think that by cooperating with a U.S. Labor Department audit under Fair Labor Standards Act, you’ll avoid a lawsuit. Unfortunately, the fact is that the audit may be only the beginning of your troubles—even if you go ahead and pay everything the department says you owe …

Don’t use attendance policy to avoid accommodations

09/01/2007

While attendance is an important goal, refusing to allow disabled employees some leeway is a sure way to the courtroom. Before you adopt a strict no-excuses tardiness policy, make sure you consider the special problems disabled employees may have. You can’t just declare that being on time is an essential function of every job and leave it at that …

‘Keep it confidential’ may let employers off liability hook

09/01/2007

You have a robust sexual harassment  policy, and everyone from the lowest level employee to the company president knows how it works. But what happens if an employee tells a supervisor about possible harassment and then asks him or her not to take it up with HR? …