Citadel Legal Services PLLC
If your company has job postings that refer to needing to “be able to lift fifty pounds,” keep reading. Michigan-based Gordon Foods has been cited for a second time for having illegal “must be able to lift” requirements that over-stated what kind of physical strength was needed for doing the job. And which, the EEOC …
The US Supreme Court just ruled in a bankruptcy case, where the defaulting debtor used a corporate shell game to try to avoid paying its debt. If you’d like to read the nuances over what does and does not constitute a fraud exception to a creditor being able to gets dollars on their dollars instead of …
Go figure… I post on Monday that the US-DOL hadn’t yet issued the overtime rule updates, and bam! out pops the rule on Tuesday. The magic threshold is $47,476 per year, and that amount automatically indexes once every three years. The Dept of Labor blithely posits that If you need more than a simplistic meme …
You have probably never heard of the obscure legal phrase – “the Statute of Frauds”. And that’s good. Way back in the 1600’s, folks finally decided that “he said, she said” is a really bad way to decide if there is a contract and what that contract does and doesn’t say. The best way to …
The US Dept of Labor’s long-anticipated changes to the overtime pay threshold still haven’t come out (could be anywhere from $47-50k, up from the current $23k). But, either way, you probably have a sizeable handful of currently salaried employees who will go back to be handled as hourly paid. Which can seem like a kick …
Read More “From Salaried, back to Hourly? New US-DOL Overtime rules”
Theft of trade secrets has been a federal crime since the 90’s. In response to American companies’ secrets being spirited away by departing employees and foreign-born economic spies, the federal government lent its considerable prosecutorial power to matters that had been very difficult for companies to handle. Since then, the possible penalties were upped in …
Read More “Federal ‘Defend Trade Secret Act’ signed in to Law”
My daughter was indulging a t.v. marathon for the show “Supernatural”. One particular episode involved some teens reciting Latin incantations and accidentally inviting demons to their basement. What does this have to do with the National Labor Relations Board (NLRB)? Plenty. Just because you don’t currently have a unionized workplace, nor do you ever expect to, doesn’t mean …
Those of you who handle FMLA matters know that it can be a paper-intensive undertaking. You’ve probably grown accustomed to sending Notices of Eligibility, medical certification, and Designation Notices by US postal mail. Unfortunately, not every federal district or appellate court thinks that’s good enough. In Lupyan v. Corinthian Colleges, the appellate court chided that “in this age …
In December 2013, a 21 year-old Michigan precedent was overturned. More “contractors” will now be considered “employees” of the host site’s company, at least in those unfortunate situations if that person becomes injured on the job. If you are a company that regularly uses contingent and contract workers, make sure your worker’s comp insurance is up-to-snuff. …