Employers commonly require employees to sign “non-competition” agreements. There are various forms of these agreements, but typically they prevent an employee from working in the same industry for a period of time (such as a year), within a certain geographic area, after their employment ends. The agreements, to be enforceable, must be narrowly written to …
Non-Competition agreements might have a dim future Read More »
This post is from the materials produced by myself and Michelle P. Crockett, an attorney with the law firm of Miller Canfield, at the Insititute of Continuing Education’s 35th Annual Labor & Employment Law Institute presented on Friday, April 30,2010. Michelle practices employment law from the management side. I. Introduction Although the damages available in …
In a case decided by the Michigan Supreme Court on February 8, 2013, the court found that the fired employee had raised sufficient evidence to present her case to the jury. The case is Debano – Griffin v Lake County and it shows how employment attorneys representing employees go about proving a key issue in …
Historically, the employment-at-will rule was a byproduct of the industrial revolution in England and the United States. Before the industrial revolution, the employer/employee relationship was more like the relationship between a master and servant. In fact, as late as 1823, it was a crime for an employee to terminate a relationship with a master prematurely. …
When an employee is terminated, they are occasionally offered a severance agreement. There are multiple reasons for a severance offer. It could be to soften the blow of a lay-off after many years of service. Or it could be to avoid a future lawsuit by having an employee sign a release. But this week the …
Employers can no longer silence employees in exchange for a severance Read More »
What Is the Management or Executive Exemption Under the Fair Labor Standards Act (“FLSA”)? Under the Fair Labor Standards Act (FLSA), most US employees must be paid at least a minimum wage and overtime pay for all hours worked over 40 in a workweek. But there are exemptions that remove employees from the FLSA’s protection. …
How do you know if you’re really “Management”? Do I get Overtime? Read More »
The Michigan Court of Appeals reversed a lower court opinion that would have raised Michigan’s minimum wage to $13.03 on February 19, 2023.The Court of Appeals determined that the Michigan legislature had the authority to amend the petition initiatives that were passed in 2018 that would have raised the minimum wage and provided paid sick …
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