In the wake of the #MeToo movement, most employers have become more acutely aware of the risks involved in failing to effectively prevent and respond to claims of workplace harassment. This renewed awareness should cause all employers, large and small, to evaluate their policies, processes and practices in place to prevent harassment and to respond …
Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions
On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of discriminatory intent. In O’Dell v. State of Michigan, unpublished opinion per curiam of the Court of Appeals, issued Feb. 1, 2018 (Docket No. …
Preparing for the H-1B Lottery – What to Expect for FY2019
April 2, 2018 marks the first day of a five-day window to file cap-subject H-1Bs with U.S. Citizenship and Immigration Service (USCIS) for the upcoming fiscal year (FY 2019), which begins on October 1, 2018. With only a couple of weeks remaining before April 2, we are now fully immersed in the “March Madness” of …
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Keeping the End in Mind When Managing Employee Benefits at a Company Owned by a Private Equity Fund
It is no secret that a business which is owned by a private equity fund will eventually be sold. As part of the sale process, the potential buyer will examine the employee benefit documents and the plans’ operations to determine if there are any potential risks. If errors are found, the seller may be required …
Asleep At the Wheel: The Growing Debate Regarding Obesity and Workplace Accommodations
As society continues to grow, pun intended, many new injuries and infirmities are entering the realm of “disability” putting employers more at risk at being caught in the crosshairs of the Americans with Disabilities Act (ADA) and comparable state laws (most of which track the original text of the ADA closely). Some of the extension is …
The 2nd Circuit Court of Appeals’ Recent Decision Reveals That the Interpretation of Title VII and its Application to Sexual Orientation Discrimination Claims Continues to Evolve
In a 10-3 decision, the 2nd Circuit Court of Appeals recently ruled that Title VII of the Civil Rights Act of 1964 (Title VII) covers claims of sexual orientation discrimination. In Zarde v. Altitude Express, the plaintiff sued his former employer, Altitude Express, under Title VII and New York law, alleging that he was terminated …
CETA – Enhanced Options for Labour Mobility in Canada
Canada and the European Union (“EU”) began the provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”) on September 21, 2017. CETA includes temporary entry provisions that will make it easier for skilled EU professionals and business people to temporarily enter Canada. Of particular note are the one-year work permits that are …
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Is a Self-Funded STD Plan an ERISA Plan or an Exempt Payroll Practice?
ERISA generally governs all pension and welfare benefit plans. In regulations, the Department of Labor (“DOL”) has exempted certain types of plans or practices from the definition of a welfare benefit plan under Title I of ERISA. One commonly used exemption is the “payroll practice” exemption. Exempt payroll practices include “payment of an employee’s normal …
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To Institute Arbitration, Employers Must Make Employee Acceptance a Condition of Continued Employment
On December 15, 2017, the United States District Court for the Eastern District of Michigan issued an opinion reinforcing the principle that an employer may only institute arbitration as a dispute resolution mechanism for existing employees if the employer expressly informs the employee that continued employment is contingent upon the employee’s acceptance of the arbitration …
Interagency Cooperation: Raising the Bar for Immigration Compliance
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) should again be open for business for a flood of H-1B petition filings, which are subject to the annual cap. Employers are required to pay the higher of the actual or prevailing wage for the area of intended employment to sponsor an H-1B specialty occupation …
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