LexisNexis® Legal Newsroom
Time to check the dress code? Can an employee be "too hot?"

According to news reports , a 28 year old female employee was fired from a Manhattan based lingerie wholesaler because she wore inappropriate clothing to work. At a press conference with her attorney Gloria Allred, the woman said that she was told by a female supervisor to tape down her breasts and was...

The NLRB Acting General Counsel's third memo on social media: Not so fast

On May 30, 2012, Acting General Counsel ('AGC") Solomon issued his third memo on employer social media policies under the National Labor Relations Act. In that memo, he referenced the social media policies of several companies including General Motors. With respect to the General Motors'...

The long hot summer: some reminders for employers

Global warming or not, this summer is setting records for high temperatures across the country. Employees who work outside are affected as well as those who work in warehouse and factory settings where air condition may be non existent or inadequate in the this year's heat. Employers need to remember...

What is "opposition" under the Michigan Civil Rights Act?

The Michigan Civil Rights Act prohibits retaliation by employers against employees who oppose a violation of the act or who has filed a charge or otherwise participated in a processing a claim under the act. It would seem that the language is straightforward and not subject to difficulty in application...

An Uninvited Guest: The NLRB Settles In

The NLRB continues its march into everyday workplace issues. It started in earnest with social media. It has now moved into the arena of employer policies and handbooks focusing on the impact of employer policies on protected, concerted activities. To further educate today's workforce, it has set...

Wellness plans: waiting for the EEOC

The Patient Protection and Affordable Care Act will increase the incentive limit in outcome based wellness programs from 20 to 30 % of employee total health care premiums in 2014. Many employers believe that the road to more and better employee participation is greater incentives; after all, human nature...

Whistleblowers in Michigan: whistling in the wind?

The Whistleblowers' Protection Act ("WPA") was enacted in 1980 and requires an action to be filed within 90 days of the occurrence that is the basis of the claim. The elements of a claim are not complicated; to recover, an employee must report or be about to report; verbally or in writing;...

The second most important election for Michigan employers in November

The Presidential election is the most important for employers from the perspective of labor and employment law. The party controlling the White House also will determine the agendas of the EEOC, the NLRB, and the Department of Labor. The significance of the recent actions of the EEOC and the NLRB is...

Employers: Meet members of the next generation of your workforce

The Detroit News ran a story that sounds like the plot from the movie Carrie . A high school sophomore was elected as the female member of the Homecoming Court for her class. In the parlance of high school students, she was "different," and her selection was intended to be a cruel prank. Other...

Michigan's Whistleblowers' Protection Act and adverse employment actions

In a 2-1 decision, the Michigan Court of Appeals held in Wurtz v. Beecher Metro. Dist. that the trial court erred as a matter of law in holding that the failure to renew an employment contract could never be an adverse employment action. The court remanded for additional discovery as whether other employees...

Employers and email: time to be on (Register) Guard

The NLRB has issued its first decisions concerning protected, concerted activity and social media and overly broad restrictions on social media . The decisions reflect the Board's operating premise that employees who are sophisticated enough to master smart technology and social media cannot understand...

Collective bargaining and the Michigan Constitution: Proposal 2

Michigan voters will be faced with a number of proposals to amend the state's constitution. One of these is Proposal 2 which is being pitched as a means to prevent any "right to work" legislation from being enacted. TV commercials in support of the proposal feature teachers and firemen...

The NLRB will be active in the non union workplace and more visible to the public.

That is the message I took away from attending three panel sessions with Board representatives last week at the ABA Labor and Employment Section CLE conference in Atlanta. Members Pearce, Block, and Griffin addressed one session. Acting General Counsel Solomon addressed another session, and three Regional...