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Employment Law

Job duties, degree of employer control dictate employee status

11/20/2008

Just calling a worker an independent contractor doesn’t make that worker an independent contractor. It’s the reality on the ground that counts—that is, how much control the individual has over her time, hours and duties.

Honesty clause on application can stop frivolous lawsuits

11/20/2008

Here’s a reason to make sure that your applications include an honesty provision: If an applicant sues for discrimination, she won’t get very far if you catch her being less than honest on the application.

That’s the way the cookie crumbles? Archway faces WARN suit

11/20/2008

A group of employees has filed a lawsuit against Battle Creek-based Archway Cookies, alleging the company violated the federal WARN Act when it terminated hundreds of workers in California, Michigan and Ohio in October.

Pregnancy—an ‘off-duty injury’—prompts Detroit Police suit

11/20/2008

Five Detroit police officers have filed a lawsuit challenging a department policy that forces pregnant officers to go on sick leave as soon as their supervisors find out they’re pregnant.

NLRB: Grand Rapids Starbucks worker fired for union organizing

11/20/2008

The National Labor Relations Board has filed a complaint against Starbucks, claiming it fired a Grand Rapids, Mich., barista because of his union sympathies.

Union fights Wayne County over health care changes

11/20/2008

The AFSCME secured a court order to prevent Wayne County from changing its retiree health care benefits. A redesign proposed by the county would have tripled prescription drug co-pays for employees who retired under the 2000-2004 contract.

AFSCME files charges against Benton Harbor

11/20/2008

AFSCME Local 1433, the union representing employees of the city of Benton Harbor, has filed five unfair labor-practice charges with the Michigan Employment Relations Commission.

Genetic information and testing under Michigan law and GINA

11/20/2008

Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress …

What are the basic changes resulting from the ADA Amendments Act of 2008?

11/20/2008

Q. I have had a number of questions about recent amendments to the ADA. Can you provide a brief explanation of what the changes mean?

What should we do? Employee on active duty wants to apply for open position

11/20/2008

Q. Our manufacturing company has a current job opening for an engineer. One of our employees who is on active duty in Iraq for six months learned of the position and would like to apply. Do we have to consider his application?