Employment & Labor Law

Pre-Employment Screening: Avoiding Traps and Lawsuits

Hiring new employees is more difficult today than it has ever been before. The pervasive nature of social media, the legalized use of previously-illegal drugs, and increased concern for protecting individual and company confidences all pose potential barriers in making hiring decisions. Employers of all sizes are well-advised to implement legal pre-employment screening measures before hiring the wrong person for the job.  

Michigan law permits employers to implement several types of pre-employment screens. Employers can:

Operate in Multiple States? Careful When Using Criminal Record Information

We have one big country, but there are 50 states, over 3000 counties/parishes, and thousands and thousands of cities and towns. They all have their own laws and regulations on a variety of things, including the use of criminal records when making hiring decisions.

How an Unemployment Hearing is Conducted

The Administrative Law Judge sits at a desk, and the parties, their witnesses and representatives sit at a table usually set up in front of the Administrative Law Judge’s desk. The Administrative Law Judge will direct the parties and witnesses where to sit. The Administrative Law Judge begins by introducing him or herself by name, and makes sure he or she has the names of all the parties, witnesses, representatives, and attorneys. Hearings are tape recorded.

Three Keys to Conducting Effective Performance Reviews

Ongoing communication with employees is a cornerstone of peak performance, but it often falls short when put into practice. Performance reviews provide necessary feedback to staff, but are only effective if done properly, which means:

  • the reviews must be consistently administered;
  • the measured performance objectives must be job-related;
  • and the feedback given must be honest and specific.

To help your evaluations rise to the occasion, focus on these three things:

Employers Can Modify or Eliminate Union Retiree Health Benefits

In a significant win for employers, the United States Supreme Court recently invalidated a judicial inference that union retiree health insurance benefits are vested for life in the absence of specific language to the contrary. The Supreme Court’s unanimous opinion in M&G Polymers USA, LLC v. Tackett, issued on January 26, 2015, gives employers more freedom to alter, reduce, or eliminate retiree insurance benefits for employees who were represented by a union before they retired.  

Check Your Release Authorization Now!

Federal law requires that the release/authorization an applicant signs to permit background checks must be on its own separate page…not a few sentences at the bottom of a job application.

Also, there cannot be any indemnification or hold harmless statements on the release/authorization. You can have those statements on a separate document, but they cannot appear on the release/authorization in any way.

Medical Marihuana: Implications to Workplace Drug Policies and Testing

Many Michigan employers, unbeknownst to them, employ individuals with medical marihuana cards in their purse or wallet. And while Michigan’s medical marihuana law prohibits the use of marihuana at work or an employee working while under its influence, many Michigan employers have not defined for employees how medical marihuana use relates to the application of its workplace drug policies and testing procedures.