Blog

https://www.employerlawreport.com

Porter Wright’s Labor and Employment Department represents management clients in matters ranging from complex employment discrimination and wrongful discharge litigation, including class actions and ERISA litigation, to compliance with various federal, state and local employment laws and regulations, including the FLSA. 

Recent Blog Posts

  • DOL formally publishes notice of proposed rulemaking regarding salary threshold increase By Arslan Sheikh    Earlier this month, we reported that the United States Department of Labor (DOL) was reportedly set to propose a new regulation that would update time-and-a-half pay requirements for all hours worked beyond 40 hours a week. The Department’s proposed rule would raise the currently-enforced salary threshold, thus extending overtime protection to more workers. On March 7, 2019, the DOL issued a draft Notice of Proposed Rulemaking (NPRM) to update the salary threshold for overtime exemption from $23,660.00 annually to... More
  • Michigan Paid Medical Leave Act: Are you ready? By Jourdan Day    Michigan’s Paid Medical Leave Act (PMLA) goes into effect on March 29, 2019. It requires a number of new practices for employers operating in Michigan, including revision of written policies and posting notice to employees. Below are some highlights of the PMLA about which employers in Michigan should be aware: Who does the law cover? Employers covered by the PMLA are those that employ 50 or more persons. What is unclear is whether an employer’s employees who work outside of... More
  • Resources and events for employers offered by the Ohio Bureau of Workers’ Compensation By Rebecca Kopp Levine    The Ohio Bureau of Workers’ Compensation (BWC) hosts monthly webinars for employers to learn more about workers’ compensation topics. The brief webinars help employers stay up to date on developments in the workers’ compensation system. You can visit the employer webinar webpage on the Ohio BWC website to learn more about upcoming webinars and register to attend. In addition, the BWC is hosting its Fourth Annual Workers’ Compensation Medical and Health Symposium on April 26-27, 2019 at the Great Columbus... More
  • New forms I-539 and I-539A, and additional fees, required on March 21, 2019 By James Jensen    Foreign nationals, especially spouses and dependents of nonimmigrant workers and students, are warned that U.S. Citizenship and Immigration Services (USCIS) is revising the Form I-539, Application to Extend/Change Nonimmigrant Status. This form is used by nonimmigrants to extend their stay in the U.S. or change to another nonimmigrant status, as well as for F and M students applying for reinstatement. The new form was issued on March 11, 2019 and after March 21, 2019, USCIS will accept only... More
  • DOL releases notice of proposed rulemaking regarding salary threshold increase By Arslan Sheikh    Last week, the United States Department of Labor (DOL) was reportedly set to propose a new regulation that would update time-and-a-half pay requirements for all hours worked beyond 40 hours a week. The department’s proposed rule would raise the currently-enforced salary threshold, thus extending overtime protection to more workers. This would be the first such update to the salary threshold since 2004. On March 7, 2019, the DOL announced a Notice of Proposed Rulemaking (NPRM) to update the salary... More
  • Employer’s good faith offer to reinstate employee as part of settlement negotiations in exchange for dismissing a lawsuit is not considered retaliation By Rebecca Kopp Levine    In a recent case, Bresler v. Rock, 2018-Ohio-5138, an employee incongruously argued that an employer’s offer to reinstate his employment in exchange for dismissal of his pending lawsuit was a retaliatory action.  The Ohio Court of Appeals soundly rejected that contention. Rather, employers can continue to negotiate settlements of discrimination allegations and include conditions of dismissal of lawsuits and releases of all claims and courts should not consider it a retaliatory action. At the age of 60, after... More
  • Ninth Circuit holds that inclusion of state law disclosures violates the FCRA’s “stand-alone” Requirement By Brian Hall    The Fair Credit Reporting Act (FCRA) requires employers who obtain a consumer report on a job applicant to provide the applicant with a “clear and conspicuous disclosure” that they may obtain such a report (the “clear and conspicuous” requirement) “in a document that consists solely of the disclosure” (the “standalone document” requirement) before procuring the report. Because neither of these requirements are defined in the statute, they have been the subject of almost constant litigation in recent years.... More
  • NLRB overrules Obama-era precedent for independent contractor test By Brian Hall    On Jan. 25, 2019, the National Labor Relations Board (NLRB) addressed its independent contractor test in a case involving airport shuttle drivers for the franchise, SuperShuttle. The SuperShuttle DFW, Inc. decision overruled the NLRB’s 2014 decision in FedEx Home Delivery, which the Board criticized as incorrectly limiting the significance of a worker’s entrepreneurial opportunity for economic gain in determining independent contractor status. Pursuant to two separate licensing agreements, SuperShuttle DFW operated shuttle vans to transport airline passengers at and... More
  • NLRB reverses Obama board trend on expansion Of Section 7 rights By Brian Hall    After years of expanding Section 7 rights during the Obama administration, the NLRB earlier this month began reining in the protection afforded to employee complaints in a 3-1 decision in Alstate Maintenance, LLC. In Alstate, a Kennedy International Airport skycap, Trevor Greenidge, refused to assist an arriving soccer team with their baggage and equipment, telling his supervisor, “We did a similar job a year prior and we didn’t receive a tip for it.” When a van carrying the... More
  • Court orders plaintiff in FMLA lawsuit to produce private social media content in discovery By Brian Hall    In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. Mich. 1/17/2019) illustrates well how an employer can demonstrate its right to this discovery. In Robinson, the plaintiff, a valet attendant for the defendant employer, filed a complaint alleging race and disability discrimination under Title... More