Employment & Labor Law

Review Your Company’s Social Media Practices and Policies

Business man using smart phone and laptop

A National Labor Relations Board (NLRB) judge just issued a notable decision in Chipotle Services LLC for employers grappling with social media invading the workplace.  

Summer Means Part-Time Workers for Many Employers

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Many employers hire part-time workers during the summer months. Often, these are high school and college students. Should you do background checks on them similar to those for older adults seeking full-time employment? The answer is YES!

True or False: The minimum wage for Michigan employees is $8.50 per hour

With all the media coverage of federal and state minimum wage laws, do you know if the above statement is true or false? It is true: for most employees working in Michigan, the 2016 minimum wage is $8.50 per hour.  

However, it is false for some employees:

Tipped Employees: The employer is not required to pay minimum wage to tipped employees if all of these apply:

Silver Lining in EEOC’s Continuing Quest to make Employees Untouchable?

In January 2016, the EEOC issued its proposed enforcement guidance on retaliation charges filed by employees. The public comment period for the proposed guidance is now closed. If you haven’t gone through it yet, settle in, make yourself comfortable and read the 73-page proposed guidance.

Pay Docking for Salaried Employees

Docking the pay of exempt employees is only permissible in certain circumstances. The Fair Labor Standards Act (FLSA) governs wage and hour laws of nonexempt employees. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. Employees who are exempt from the law are not entitled to overtime or the federal minimum wage, but employers may not make improper pay deductions from their salary.

10 Best Practices for Employment Applications

Here are ten best practices for employers during the hiring process with regard to employment applications:

Checking Social Media of Job Applicants

You hear and read stories about companies that require job applicants to reveal their social media accounts, including passwords. These companies believe that by viewing an applicant’s social media activity they can get a better handle on his or her ability to be a productive employee.

Honestly, your background screening company shouldn’t have any reason to provide social media checks. The reasons why are very basic, and should make you think about this potentially risky practice.

Stagnant Wages: What the Data Show

Wages have grown over the past few years at rates similar to historical trends. The frequently repeated claim that wages are “stagnant” is at odds with six measures of wages and compensation, which indicate that hourly and weekly real wages (wages adjusted for price inflation) have grown between 1 percent and 2 percent per year since the beginning of 2013. Rather than engaging in fruitless attempts to raise wages directly, policymakers can benefit workers by removing laws and regulations that have artificially increased the prices of consumer goods.

Three-Factor Test for Non-Compete Agreements

Non-compete agreements come in all shapes and sizes, and the reasons why an employer may want to consider non-competes is equally diverse.

The bottom line is that a carefully crafted non-compete agreement can provide employers with a useful tool to protect its competitive position in the market place, especially in an increasingly mobile age where employees are more willing to test the barriers of non-compete agreements.

Michigan courts recognize and enforce non-competes, provided they are:

Top 5 Reasons to Conduct Background Checks

At our offices we are always amazed when we get a new client who tells us they have never done any background checks. Certainly, we value their business and trust in us, but we know that any business is at risk when they are clueless regarding the people they are employing.

What will background checks do for you?