Garlin Gilchrist II

Lt. Gov. Garlin Gilchrist is a computer engineer, public servant, and the first African American elected to Michigan’s second highest office.

A native Detroiter, Gilchrist attended the University of Michigan for computer science and engineering. He built a successful career as a software engineer at Microsoft, social media manager for the 2008 Obama presidential campaign, organizer for MoveOn.org, and director of technology for the City of Detroit.

Gilchrist and his wife, Ellen, currently reside in Detroit where they are raising their twins, Emily and Garlin III, and are expecting to add another member to the family soon.

American Society of Employers (ASE) Releases Preliminary Results to its Drug Testing and Marijuana Legalization Survey – Employers are Confident in Responding to New Marijuana Law

Media Contact: Heather Nezich, Communications Manager, ASE, 248.223.8040, hnezich@aseonline.org

Livonia, Mich. —November 26, 2018 — The American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, has released a new survey around the legalization of Marijuana in Michigan – its Drug Testing and Marijuana Legalization Survey. The survey results were released by ASE President & CEO, Mary E. Corrado.

“ASE has reacted swiftly to this new law with this survey as well as several briefings for our members,” stated Corrado. “We don’t expect employers to make any sweeping changes to their drug policies and our preliminary results confirm that.”

Michigan is the first Midwestern state to legalize the use of recreational marijuana by a vote of 56% to 44%. What does that mean for Michigan employers? The preliminary data from ASE’s Drug Testing and Marijuana Legalization Survey provides insight into employers’ first thoughts on where their policies and practices currently stand and what changes, if any, they are considering.

183 organizations from across Michigan have participated in ASE’s Drug Testing and Marijuana Legalization Survey. 66% of these organizations are located in the metro Detroit region. 90% of the organizations that responded have 1-500 employees, and nearly 66% of the respondents are classified as manufacturers.

68% of employers have confidence that their organizations’ policies will be able to successfully address their employees’ marijuana usage. Additional insights include:

15% of employers will likely change their policies, while 51% of employers will not.
Of those contemplating change, 42% will remove marijuana testing from their policies altogether, and 31% will ignore any positive marijuana results.
Similar to the stance taken with drug testing policies, half of surveyed employers will not consider making changes to their workplace drug or substance abuse polices/practices. 36% remain unsure, and only 14% will consider making a change.
Although the Michigan Regulation and Taxation of Marihuana Act has triggered much interest amongst businesses in Michigan, employers feel confident that their current policies and practices are equipped to handle this new law. “ASE recommends that employers treat marijuana similar to how they treat the use of alcohol amongst employees. Any substance abuse policies should refer to working while under the influence of marijuana, since it will now be a legal substance similar to alcohol,” stated Mary E. Corrado, ASE President & CEO. “We don’t advise employers to alter their current polices at this time.”

Some additional points to consider:

Workers’ Compensation – Employers will have to consider the impact that their drug testing policies may have on Workers’ Compensation premiums. The removal of marijuana testing could lead to hesitation from the carrier to provide the best rates. This will most certainly lead to higher premiums.
Medical Review Officer – When conducting a drug test, results should be certified by a Medical Review Officer who will analyze and validate the results.
Safety Sensitive Positions – If an employee is hired into a safety sensitive position, it would be beneficial to continue drug testing, including marijuana.

About the American Society of Employers (ASE) – a Centennial Organization

The American Society of Employers (ASE) is a not-for-profit trade association providing people-management information and services to Michigan employers for over 115 years. Since 1902, member organizations have relied on ASE to be their single, cost-effective source for information and support, helping to grow their bottom line by enhancing the effectiveness of their people. Learn more about ASE at www.aseonline.org.

Butzel Long attorneys named to DBusiness magazine’s Top Lawyers in metro Detroit 2019

DETROIT, Mich. – Forty-two Butzel Long attorneys have been named Top Lawyers in metro Detroit 2019 by DBusiness magazine. The list appears in the November/December 2018 edition. The attorneys and their practice areas are listed below:

Ann Arbor office

— Jennifer A. Dukarski
Copyright Law

— Mark W. Jane
Employee Benefits Law

— Lynn F. McGuire
Employee Benefits Law

— Mark T. Nelson
Litigation – Labor Employment Benefits

— Claudia Rast
Information Technology Law
Litigation – Intellectual Property

— Angela Emmerling Shapiro
Information Management & Discovery Law

Bloomfield Hills office

— Mark E. Crane
Family Law

— Carey A. DeWitt
Labor and Employment Law
Trade Secrets

— Debra A. Geroux
Health Care Law

— Beth S. Gotthelf
Environmental Law

— D. Stewart Green
Real Estate Law

— Robert A. Hudson
Corporate Law
International Trade Law

— Susan L. Johnson
Environmental Law

— Sheldon H. Klein
Antitrust Law
Litigation – Antitrust

— Max J. Newman
Bankruptcy and Creditor /Debtor Rights Law

— Thomas Radom
Bankruptcy and Creditor/Debtor Rights Law

— Joseph E. Richotte
Appellate Law

— Craig S. Schwartz
Labor and Employment Law

— Robert H. Schwartz
Health Care Law
Mergers and Acquisitions Law

— Thomas L. Shaevsky
Employee Benefits Law

— Daniel B. Tukel
Labor and Employment Law

Detroit office

— Linda J. Armstrong
Immigration Law

— James C. Bruno
Corporate Law
International Trade Law
Mergers and Acquisitions Law

— George B. Donnini
White –Collar Criminal Defense

— Arthur Dudley, II
Corporate Law
Mergers & Acquisitions Law
Securities Law

— David F. DuMouchel
Professional Malpractice Law
White-Collar Criminal Defense

— Eric J. Flessland
Construction Law
Litigation – Construction

— Bernard J. Fuhs
Franchise Law
Trade Secrets

— John P. Hancock
Employee Benefits Law
Litigation – Labor and Employment Benefits

— Justin G. Klimko
Corporate Law
Mergers & Acquisitions Law
Securities Law

— Phillip C. Korovesis
Litigation – Commercial

— Mark R. Lezotte
Health Care Law
Nonprofit/Charities Law

— Clara DeMatteis Mager
Immigration Law

— Paul M. Mersino
Trade Secrets

— Donald B. Miller
Labor and Employment Law
Product Liability

— Reginald A. Pacis
Immigration Law

— James S. Rosenfeld
Labor and Employment Law
Litigation – Labor Employment Benefits

— Bruce L. Sendek
Litigation – Antitrust
Litigation – Commercial

— Ivonne M. Soler
Family Law

— Nicholas J. Stasevich
Corporate Law
International Trade Law

— James E. Wynne
Product Liability

Lansing office

— James J. Urban
Litigation – Construction

For the list, DBusiness magazine polled 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw and Livingston counties among 50 legal specialties.

About Butzel Long

Butzel Long is one of the leading law firms in Michigan and the United States. It was founded in Detroit in 1854 and has provided trusted client service for more than 160 years. Butzel’s full-service law firm offices are located in Detroit, Bloomfield Hills, Lansing and Ann Arbor, Mich.; New York, NY; and, Washington, D.C., as well as alliance offices in Beijing and Shanghai. It is an active member of Lex Mundi, a global association of 160 independent law firms. Learn more by visiting www.butzel.com or follow Butzel Long on Twitter: https://twitter.com/butzel_long

Dan Gilbert

Dan Gilbert is founder and chairman of Quicken Loans, the nation’s largest mortgage lender. He is also founder and chairman of Rock Ventures, the umbrella entity for his portfolio of business and real estate investments, and chairman of the Cleveland Cavaliers. For the past four consecutive years, the Cleveland Cavaliers have made appearances in the NBA Finals, and in 2016 won the NBA championship. Rock Ventures and it’s more than 100 affiliated companies across the country employ more than 30,000 team members, including more than 17,000 in Detroit’s urban core.

From 2013 through 2018, Detroit-based Quicken Loans closed nearly half a trillion dollars in home loan volume across all 50 states, and in 2018, for the ninth consecutive year, earned J.D. Power’s highest rating for client satisfaction among all U.S. mortgage lenders.

Gilbert is also an active investor in fintech, sports-related and consumer direct companies. He is a founder and principal of Detroit Venture Partners (DVP), a venture capital firm that funds startup and early-stage technology companies and a founding partner of Detroit-based private equity group Rockbridge Growth Equity.

In February 2016, Gilbert co-founded Detroit-based StockX, the world’s first ‘stock market of things’, combining the visible, liquid, anonymous, and transparent benefits of a stock market with the online consumer secondary market.

He began moving his Family of Companies to Detroit’s central business district in 2010 in an effort to help lead the transformation of a great American city. In 2011, he co-founded Detroit-based Bedrock, a full-service real estate firm specializing in acquiring, leasing, financing, and managing commercial and residential space. Since its founding, Bedrock and its affiliates have invested and committed more than $5.6 billion to acquire and develop more than 100 properties, including new construction of ground-up developments in downtown Detroit and Cleveland, totaling more than 18 million-square-feet.

In 2009, he founded JACK Entertainment, a developer and owner of unique urban casinos in downtown Detroit, Cleveland, Cincinnati, and Baltimore.

In September 2013, he was named co-chair of the Blight Removal Task Force. The group, appointed by the Obama Administration, published a detailed plan in May 2014 to remove all blighted structures and lots in Detroit.

He serves on the boards of the Cleveland Clinic and the Children’s Tumor Foundation. In 2015, Gilbert and his wife established the Gilbert Family Foundation and in 2017, formed ‘NF Forward’ to fund cutting-edge research dedicated to finding a cure for neurofibromatosis (NF).

He earned his bachelor’s degree from Michigan State University and his law degree from Wayne State University.

Katherine M. Gehl

Katherine Gehl is a business leader, author, and speaker. She was president and CEO of Gehl Foods, a $250 million high-tech food manufacturing company before selling the company in 2015 to focus her career on political reform.

Gehl’s career includes roles in the private and public sectors including at Oracle Corporation, Bernstein Investment Research and Management, Mayor Richard M. Daley’s Office at the City of Chicago, and Chicago Public Schools. Most recently, she co-authored with Michael Porter Why Competition in the Politics Industry Is Failing America: A strategy for reinvigorating our democracy which reveals their findings and analysis on innovation to America’s divided political system.

In 2018, Gehl co-founded Democracy Found, a Wisconsin-based initiative mobilizing a bipartisan group of leaders to implement electoral innovations in Wisconsin. Gehl graduated from the University of Notre Dame and earned a master’s degree from Catholic University.

Harold Ford Jr.

Harold Ford Jr. is a former U.S. representative and current political pundit for MSNBC and CNBC. Ford represented Tennessee in the U.S. Congress for 10 years, serving on both the Financial Services and Budget committees, where he actively worked to balance the budget, improve the nation’s education system, and lower taxes on job creators and the middle class. Since leaving office in 2007, Ford continues to promote nonpartisan debate on key issues to promote entrepreneurialism and grow the middle class.

Highly regarded for having his finger on the pulse of national politics, Ford is currently driving discussion around how the Democratic Party can reconnect with middle and working-class families following the 2016 presidential election. He is a part-time lecturer at the University of Michigan’s Gerald R. Ford School of Public Policy.

Jim Fitterling

Jim Fitterling is the chief executive officer of Dow, a global material science company with 2018 sales of $49 billion.

Fitterling was named chief executive officer-elect of Dow in March 2018, prior to becoming CEO in July 2018. Before that he served as president and chief operating officer of Dow. From September 2017 through March 2019, he also served as chief operating officer for the Materials Science Division of DowDuPont, which separated from Dow in April 2019.

During his 35-year career at Dow, Fitterling has held leadership positions in many of the company’s business units, in corporate development, and in business operations. In addition, he served as the business lead in Dow’s launch of its next-generation sustainability goals. At his direction, in January 2019, Dow became a founding member of the Alliance to End Plastic Waste, an initiative to accelerate efforts to drive innovation, provide much-needed resources, and take decisive action to put an end to plastic waste in the environment.

Nolan Finley

Nolan Finley is editorial page editor of The Detroit News, where he directs the expression of the newspaper’s editorial position on various national and local issues and writes a column in the Sunday newspaper. Prior to that, Finley was the newspaper’s deputy managing editor, directing the newsroom. He previously served as business editor, and in various editing positions on the city, state and metro desks. Finley also co-hosts the “MiWeek” show on Detroit Public Television and often appears on “Flashpoint” on WDIV. In 2012, Finley was inducted into the Michigan Journalism Hall of Fame.

Clayton & McKervey named a Top Workplace by the Detroit Free Press for 8th consecutive year

Southfield, Mich.—Nov. 19, 2018—Clayton & McKervey, an international certified public accounting and business advisory firm located in metro Detroit, is pleased to announce it has been awarded a 2018 Top Workplaces honor by the Detroit Free Press. It is the eighth ear Clayton & McKervey has been included on the Detroit Free Press list, which ranks the best places to work in Michigan.

“The Detroit Free Press Top Workplaces award is very important recognition for our firm and we are thrilled with our longevity on the list,” Clayton & McKervey President Robert Dutkiewicz said. “Attracting and retaining high achieving, happy staff is critical to our success. Public accounting is a competitive field for talent, and our client service efforts depend on staff that view Clayton & McKervey as a positive place to work and build a long-term career.”

The Top Workplaces list is based solely on employee feedback gathered through a third-party survey administered by research partner Energage, LLC. The survey gathers employee responses and measures organizational health in four categories:
1. Alignment – where the company is headed; its values; cooperation
2. Effectiveness – doing things well; sharing different viewpoints; encouraging new ideas
3. Connection – employees feel appreciated; their work is meaningful
4. My Manager – cares about concerns; helps employees learn and grow.

The survey also asks about employee engagement, where Clayton & McKervey scored above the CPA profession average, confidence in company leadership and general questions about pay, benefits, flexibility and training.

Clayton & McKervey promotes a collegial and responsive work environment. The firm, an industry leader in promoting women to partnership and other roles of high-level responsibility, uses its Women’s Network program to engage female leadership talent with a four-tier approach that increases access to role models; improves marketing opportunities; provides education and support for career advancement; and enhances the culture of the firm to ensure the successful retention and recruitment of women.

In addition, Clayton & McKervey’s young leadership training program taps employees before they are managers and turns them into the firm’s leaders of tomorrow through technical training and leadership conferences, off-site learning, daily mentoring and in-house coaching, and community involvement. The firm also emphasizes the importance of making time to have fun and connect outside of working hours to foster visible, deeper levels of engagement with each other and the community.

To see all Top Workplace rankings, click here.

About Clayton & McKervey
Clayton & McKervey is a full-service certified public accounting and business advisory firm helping closely held businesses compete in the global marketplace. The firm is headquartered in metro Detroit and services clients throughout the world. To learn more, visit claytonmckervey.com.

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’Tis the season…for personal injury claims? As office holiday parties get more adventurous, risk of harm to employees rises

Detroit –Nov. 20, 2018– In recent years, holiday parties have caused increased anxiety for many employers trying to share seasonal joy and good tidings with their employees while putting safeguards in place to avoid sexual harassment claims and drinking and driving infractions and injuries. That’s why Deborah Brouwer, a partner with Detroit-based labor and employment law firm Nemeth Law, says it’s curious to note a national trend of employers hosting holiday parties at potentially risky venues and, in at least one case, offering controversial and sometimes downright dangerous holiday gifts.

“A Wisconsin employer recently gave its employees a $500 gift certificate valid towards the purchase of a firearm,” Brouwer said. “Those not interested could substitute the gift card for a different purchase, but the majority said they plan to use the gift certificate for its intended purpose. This practice could put employers directly in harms’ way from a legal standpoint should the employee injure herself or another individual with the weapon, regardless of whether such an incident occurs in the workplace.”

Brouwer added that holiday parties hosted at the newly popular axe-throwing establishments pose similar risks.

“Employers may be inviting trouble by holding their holiday gatherings at any venue where a weapon is involved – and axe throwing, for example, involves weaponry regardless of how novel and safe it may be positioned as a corporate experience,” Brouwer said. “Axe throwing, racing venues and other recreational activities that pose inherent risk of harm should not be hosted by employers in general, and certainly not when alcohol is served.”

Brouwer says employer holiday party guidelines are generally consistent each year, and that this year’s mention of safe venues is an anomaly.

“We are adding the strong suggestion of hosting parties in a safe place when advising employers on holiday party best practices this year,” Brouwer said. “There are still several guidelines for parties that remain constant from year to year.”

Brouwer offers the following considerations:

• Senior management and HR representatives from the organization should attend the party, follow all company policies and set an example for the organization in terms of appropriate behavior.

• The company’s sexual harassment policy should be reviewed prior to the party – and enforced on the spot if questionable behavior becomes evident.

• Remind employees that while the holiday party is meant to celebrate the season and/or their contributions from the past year, the event is still a business function and inappropriate behavior may result in discipline, including termination.

• Ditto for party pictures and social media party posts. Remind staff in advance of the celebration that the company’s social media policy still applies at the event, and that actions will be taken against those who don’t follow the spirit of the policy.

• If alcohol is served and employees (including interns) under the age of 21 will be present, be sure to implement and follow a “We ID” policy.

• For crowd control and better monitoring of party activities, consider limiting parties to employees rather than adding clients and vendors.

• Consider moving celebratory events to Monday or Tuesday evenings rather than Thursday or Friday evenings.

• Invite all employees to the party, but make it clear that attendance is voluntary. Not everyone celebrates the holidays and employees should not feel pressured to attend.

• Don’t drink and drive should be the mantra. If possible, arrange for transportation in advance for employees who may not be able to drive. Shuttles and car services are an excellent option, but can be costly. Consider alternatives, including offering to reimburse employees for cab fares or ride-hailing services.

If your workplace has no definite holiday plans this year – and the aforementioned guidelines haven’t scared you off – Brouwer suggests holding a less formal, alcohol-free breakfast or lunch event on-site and then closing the office early.

“Less formal parties can be a two for one; staff get to celebrate the season with colleagues while also getting paid time off during the busy holiday season – and employers avoid the pitfalls of events where alcohol is served – or weapons are thrown,” Brouwer said.

About Nemeth Law, P.C.
Nemeth Law specializes in arbitration, mediation, workplace investigations, employment litigation, traditional labor law and management consultation/training for private and public sector employers. It is the largest woman-owned law firm in Michigan to exclusively represent management in the prevention, resolution and litigation of labor and employment disputes.
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