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Posts by Elisa J. Lintemuth

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Photo of Dykema Labor & Employment Law Blog Elisa J. Lintemuth
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elintemuth@dykema.com
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Showing 21 posts by Elisa J. Lintemuth.

10 Things You Should Know About the EEOC’s COVID-19 Guidance

The EEOC has been regularly updating its Technical Assistance Questions and Answers entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” This guidance is only valid during the time of the COVID-19 pandemic, and was most recently updated on September 8, 2020. While the full guidance is worth a thorough read by HR professionals and attorneys, the following summarizes ten key highlights from the EEOC’s guidance:  Read More ›

What Employers Need to Know About Michigan’s Latest Executive Order Protecting Workers

On August 27, Michigan Governor Gretchen Whitmer released Executive Order 2020-172, entitled “Protecting workers who stay home, stay safe when they or their close contacts are sick,” which replaces Executive Order 2020-166. The new executive order is nearly identical to the one it replaces, with two important differences. First, the new order recognizes that an employee’s symptoms could be explained by other medical conditions, which should not prevent an employee from reporting to work. Second, the new order recognizes that an employee should not be required to stay home simply because he or she displays one of the more innocuous symptoms of COVID-19 on its own. Read More ›

Employer Considerations for Employee Return to Work

Dykema’s Labor & Employment Practice Group created a Q&A overview addressing best practices for employers to consider when businesses return to work. The document discusses frequently asked questions concerning employer recalls, pay and benefits, medical documentation, personal protective equipment (PPE) requirements, and more Read More ›

A Timely Reminder: Employee Complaints About Working Conditions Are Protected

As employee complaints about safety and the availability of personal protection equipment (“PPE”) mount, employers should remember that the law protects employees engaged in concerted action. Specifically, the National Labor Relations Act (“NLRA”) protects the right of employees “to engage in... concerted activities for the purpose of... mutual aid or protection.” These protections apply to both unionized and non-unionized employees. Read More ›

Help Wanted in Michigan? Only Those 21 Years and Up Need Apply

“Help Wanted” signs are becoming familiar sights at most Michigan retailers. As unemployment rates have fallen across the state, and employers struggle to fill vacancies, the influx of students hitting the summer job market may come as welcome news. Unfortunately, would-be adult use marijuana businesses should temper their excitement.  Michigan’s Regulation and Taxation of Marihuana Act requires employees to be 21 years of age or older.  Specifically, MCL 333.27961(e), provides that: “No marijuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.”  Read More ›

No Fooling – DOL Seeks to Limit Joint Employer Liability with New 4-Factor Test

The U.S. Department of Labor is pressing ahead with its efforts to revamp the Fair Labor Standards Act regulations (we recently posted here regarding proposed changes to the Regular Rate of pay calculation regulations). On April 1, 2019, the DOL proposed a new four-factor test that would clarify when two employers are jointly responsible for minimum wage and overtime violations. Under this test, the DOL would consider whether the potential joint employer: Read More ›

Silence Just Became More Expensive: Trump Tax Reform Requires Employers to Choose Between Tax Deduction and Confidentiality of #MeToo Settlements

Much of the media’s coverage of the recent tax reform has focused on the benefits to corporate America. However, one provision of the Tax Cuts and Jobs Act of 2017 that has received little coverage is perceived to address concerns raised in the #MeToo movement regarding confidential settlements of sexual harassment claims. Specifically, the Act added a new section to the Internal Revenue Code, which prohibits deductions for amounts paid to settle sexual harassment and sexual abuse claims when the settlement is subject to a nondisclosure agreement. In effect, the Act requires an employer to choose between a tax deduction and confidentiality of the settlement. Given that confidentiality is often a critical component of a typical employment settlement agreement, particularly for claims that may involve salacious allegations, employers now face a more difficult calculus. At a minimum, employers should anticipate that sexual harassment claims will be more costly to settle if the agreement includes a non-disclosure provision. Read More ›

NLRB Refines Standard for Determining Joint Employer Status

In Browning-Ferris Industries of California, a 3-2 decision issued on August 27, 2015, the National Labor Relations Board departed from its long-standing principles for determining joint-employer status. In the decision, the Board held that two entities are joint employers if: (1) they are both employers within the meaning of the common law; and (2) they share or codetermine those matters governing the essential terms and conditions of employment (i.e., hiring, firing, discipline, supervision, job responsibilities, work hours, breaks, rules, etc.). Read More ›

Sixth Circuit Affirms Limits on Employees’ Ability to be Paid for Minor Impositions Made During Meal Breaks

This week, the Sixth Circuit Court of Appeals decided two cases affirming that under the Fair Labor Standards Act, employees seeking compensation for work related activities performed during lunch breaks have the burden to show that they spent their meal time predominantly for the employer’s benefit, and that employees are precluded from recovering when they do not follow an established reporting procedure.  These cases clearly establish that minor burdens during meal breaks, such as monitoring radios or being available for emergencies, are not significant enough to convert the breaks to compensable work time.  Consequently, the Sixth Circuit further clarified its stance that, so long as the break is still primarily for the employees’ benefit, the time need not be counted for overtime pay calculation purposes. Read More ›

OSHA Provides Interim General Guidance for Workers and Guidance for Workers in Fields at Increased Risk of Ebola Exposure

In a recently published Interim Guidance regarding the control and prevention of Ebola, OSHA  has provided interim general requirements and recommendations for workers whose duties are performed in circumstances that are known or reasonably suspected to be contaminated with the Ebola virus (e.g., due to contamination with blood or other potentially infectious material). OSHA differentiated such workers from those who have direct contact with persons with Ebola Hemorrhagic Fever. Read More ›