Employment & Labor Law
Every business has data. Some is critical. Some is sensitive. Some is not. What falls into each category changes from business to business. The legal and reputational risks that data brings do not change.
Many business owners are surprised by how many laws apply to their business. After all, they say, data is not even the focus of my business, how can almost a dozen laws apply, just to my data? That is only half the question. The other half is how to keep up with the changing laws.
With union activity relatively quiet during the Obama presidency, the National Labor Relations Board (NLRB) spent much of its attention regulating the non-union workplace, issuing decisions on handbooks, computer use, wearing of Hawaiian shirts, social media, and bringing smart phones to work.
This NLRB attention spawned many decisions which left employers scratching their heads. That trend is changing. With the election of President Trump, the NLRB, with the new Republican majority, is taking a fresh look at these Obama era decisions.
Good news! Governor Snyder has signed legislation targeting abuses in asbestos litigation. By hiding evidence of exposure by the original manufacturers of asbestos, personal injury attorneys have made advantage of vulnerabilities in our legal system an art form, padding their pockets in the process. Legislation pushed by the Michigan Chamber, which was signed by the Governor on April 10, works to reverse these trends and save businesses of all sizes and types time and money in the process.
Background checks on prospective employees are an important part of verifying applicants’ qualifications and identifying any legal or security risks that could be harmful to the company. Job applicants are generally honest when it comes to background checks, but some have found ways to get around these checks.
Here are five ways prospective employees might try to undermine the background check system to avoid revealing certain information that could prevent them from being hired.
In recent years, asbestos litigation has become riddled with unethical legal practices employed by bad acting personal injury attorneys looking to pad their wallets. By hiding evidence of exposure by the original manufacturers of asbestos, personal injury attorneys have made advantage of vulnerabilities in our legal system an art form. Legislation pushed by the Chamber, which is now on the Governor’s desk, works to reverse these trends and save businesses of all sizes and types time and money in the process.
Legislation intended to address the atrocities and aftermath of the Larry Nassar situation was passed by the Senate earlier this month. The legislation is currently pending before the State House. While we agree that all victims must be protected and the Legislature should research every available option to improve public policy in this area, we are looking for feedback from you -- feedback to determine whether one of the bills in the package might go too far and whether you are concerned about the litigation that could ensue against entities not related to the Nassar situation.
Good news! Legislation championed by the Michigan Chamber passed the State House last week and is on its ways to the Governor to prohibit local units of government from passing laws to restrict what private sector employers can ask in the interview process. This legislation is being pursued after several large cities, including Philadelphia and New York City, passed ordinances prohibiting employers from asking an interviewee about his or her salary history.
When a worker decides to commit workplace fraud, it can generally be explained with the Fraud Triangle, developed by American criminologist Donald Cressey:
- Pressure side
- Opportunity side
- Rationalization side
As anyone in the United States with a TV or Internet connection probably knows, lawyers are actively hunting for plaintiffs to file asbestos lawsuits against solvent companies. Michigan is a top 10 state for this asbestos litigation. We want to hear from you if you’ve been sued!