Nemeth Law’s Raising the Bar series continues on Oct. 11 with ‘Managing workplace investigations and their role in minimizing poor behavior’

Raising the Bar, an educational series raising employer awareness of current issues in employment and labor law and offered by Detroit-based management side labor and employment law firm Nemeth Law, P.C., returns on Wednesday, October 11, to address the practice of Conducting Workplace Investigations. In this session, Nemeth Law attorneys will conduct a mock investigation and discuss how it may be used as a tool for diminishing the effects of bad behavior when properly managed.

Employers are seeing an uptick in the number of employee complaints about co-workers doing or saying offensive things, according to Terry Bonnette, a partner at Nemeth Law.

“Employers have many questions about how to look into situations where employees are reacting to each other’s vocal personal beliefs; they want to know what measures they can take without crossing the privacy line,” Bonnette said. “A thorough investigation may help in resolving the issue or be used as a valuable defense to a lawsuit, but it could also lose effectiveness if not conducted using appropriate guidelines.”

At the October 11 Raising the Bar, Nemeth Law attorneys will discuss best practices for employers in today’s charged workplace climate. Topics include:

• Pre-Investigation: What warrants an investigation, who should investigate, and how to manage the alleged victim and alleged wrong-doer in the meantime.
• Mock Investigation: How to interview the victim, the witnesses and the accused.
• Privacy, surveillance, off-duty conduct, social media and workplace searches.
• He said/She said: Making credibility determinations during a workplace investigation.
• Preventing retaliation and compliance with the EEOC’s new anti-retaliation guidelines.
• Concluding the investigation: What to include, what not to include and what to share.

Raising the Bar will be held on Wednesday, October 11, at the Management Education Center, 811 West Square Lake Road, Troy, 48098. Continental breakfast will be served at 8:30 a.m. The program begins at 9 a.m. and ends at 12 p.m. with one 15-minute break. The cost of the event is $75 per person and pre-registration is required. To register, e-mail Pamela Perkowski at pperkowski@nemethlawpc.com or call 313.567.5921.


About Nemeth Law, P.C.
Celebrating 25 years in 2017, Nemeth Law specializes in workplace investigations, employment litigation, traditional labor law, management consultation/training for private and public sector employers, and arbitration and mediation. 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.

Nemeth Law attorneys discuss timely labor and employment topics in first quarter 2017

Attorneys with Detroit-based management side labor and employment law firm Nemeth Law, P.C., made several presentations during the first quarter of 2017. The discussions covered a variety of employment law topics:

  • On March 30 and 31st partner Terry Bonnette presented What to Expect Under the Trump Administration to a large insurance carrier in Novi and Troy.
  • On March 22 and Feb. 22, firm founder Patricia Nemeth and Terry Bonnette presented Managing Religion in the Workplace to a large insurance carrier in Connecticut.
  • On March 1, partner Anne Widlak served on a panel discussing tips on accelerating women’s careers at the Career Mastered Leadership in Action Awards and Symposium in Dearborn.
  • On Jan. 26, partner Deborah Brouwer and attorney Nick Huguelet presented Paying the Price for Employees Behaving Badly to a large insurance carrier in Cleveland, Ohio.
  • On Jan. 18, Terry Bonnette, Mike Bommarito and Nick Huguelet presented the 2017 Labor and Employment Law Update in Troy at Nemeth Law’s Raising the Bar, an educational series on topical employment issues.

In addition, Nemeth Law’s videos and podcasts covering timely topics in employment law, including the gig economy, independent contractors and office romance, continues. Videos can be viewed on the Nemeth Law YouTube channel.

About Nemeth Law, P.C.
Celebrating 25 years in 2017, 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.

Nemeth Law attorneys discuss timely labor and employment topics

Attorneys with Detroit-based management side labor and employment law firm Nemeth Law, P.C., made several presentations during the fourth quarter of 2016. The discussions covered a variety of employment law topics:

  • On Nov. 17, partner Terry Bonnette spoke at the Institute of Continuing Legal Education (ICLE) program in Plymouth, Mich. on Anatomy of a Workplace Investigation.
  • On Nov. 16, partner Deborah Brouwer presented the Employer v Employee Side of Social Media Policies at the 29th annual convention and expo of the Michigan Chapter of the National Association of Directors of Nursing Administration (NADONA) in Traverse City, Mich.
  • The October 5 Raising the Bar, an educational series on topical employment issues and presented by Nemeth Law, was held in Troy, Mich. Terry Bonnette and associate attorneys Kathleen Gatti and Kellen Myers addressed the topic of Paying the Price for Employees Behaving Badly.

In addition, Nemeth Law’s videos and podcasts covering timely topics in employment law, including holiday party guidelines for employers, joint employment, overtime regulations and voter leave policies, continues. Videos can be viewed on the Nemeth Law YouTube channel.

About Nemeth Law, P.C.

Celebrating 25 years in 2017, 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.

Nemeth Law attorney offers some new suggestions for the time honored tradition of holiday work parties

Will your organization be hosting a holiday party this season? Whether it’s to celebrate the holidays or reward employees and celebrate a year of hard work, it’s best to establish guidelines to make sure everyone remains safe, happy and employed. Kellen Myers, an attorney at Detroit-based labor and employment law firm Nemeth Law, offers the following guidelines and considerations, some of which acknowledge the changing landscape of society and the workplace:

• Smile for the camera – but watch those social media party posts! Myers says it can be a great idea to share quotes and photos from a work party, but remind staff in advance of the celebration that the company’s social media policy still applies at the event.

“Inappropriate conversation or photos that end up on social media and reflect poorly on the organization or another staff member should be forbidden and may also be grounds for firing, especially if a particularly egregious post, video or photo goes viral. Employers don’t want the holiday party to be a breeding ground for social media feuds that spill over into the workplace long after the party has ended,” Myers said.

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

“That being said, it can be fun to include spouses, significant others and even children of employees to a holiday party; their presence may help avoid inappropriate behavior and over-indulging, too,” Myers said. “If alcohol is served, though, be sure to implement and follow a “We ID” policy.

• 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 a party that might offend their religious beliefs.

• Senior management and HR representatives should attend the holiday party.

“This is not necessarily a social time for company executives. They need to be conspicuously visible and exhibit model behavior,” Myers said.

• 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 such as Uber.
• Remind employees that while the holiday party is meant to celebrate their contributions from the past year, the event is still a business function and inappropriate behavior may result in discipline.

No party planned this year? It’s not too late to host a breakfast/lunch event on-site and close the office early.

“With these types of informal gatherings, employees appreciate getting to leave earlier in the day and the timing eliminates problems that can arise with evening parties where alcohol is served.”

Is it possible to follow all these rules and guidelines and still have fun? Myers says yes.

“Our firm’s holiday gathering was a fowling event in Detroit in early December and it was a blast,” Myers said. “Last I checked, we were all still on speaking terms with each other and any photos that went viral were on the Nemeth Law social media channels – meaning they were approved for posting by the boss,” Myers 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.

American Society of Employers (ASE) welcomes 15 new members

The American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, announces 15 organizations joined ASE as members during the third quarter of 2016. The organizations are:

• Arcadia Benefits Group, Inc., a third party administrator (TPA) located in Kalamazoo and providing administration solutions for employer-sponsored benefit programs.
• Holy Cross Services, a faith-based organization whose mission is to bring hope, promote change, and help children and adults live free, healthy and productive lives; based in Clinton, Mich., with agencies throughout SE Michigan.
• Hanon Systems USA, LLC, a producer of compressors, heating, ventilation and air conditioning components, fluid transport components, powertrain cooling components and electric vehicle and hybrid battery cooling components, based in Van Buren Township.
• GEDIA Michigan LP, a specialist in lightweight vehicle body engineering and chassis components and headquartered in Orion Township.
• The JRT Agency, a creative marketing communications company based in Farmington Hills.
• FEV, Inc. designs and develops advanced gasoline, diesel and hybrid powertrains and vehicle systems; its U.S. headquarters is in Auburn Hills.
• Boys and Girls Clubs of Southeastern Michigan, provides high quality youth development programs for children ages 6-18 in ten communities throughout the region.
• Plast-O-Foam, LLC, a leading supplier of custom thermoplastic injection molding for automotive manufacturers and their suppliers and based in Clinton Township.
• Mike Morse Law Firm, Michigan’s largest personal injury law firm; based in Southfield
• Adient LTS, the world’s largest automotive seating supplier and based in Detroit.
• Osco Inc., a provider of quality runnerless molding systems, based in Rochester Hills.
• HoMedics, Inc., a provider of health and wellness brands, including home massage products, based in Commerce Township.
• Detroit Athletic Club, long recognized as one of the finest private clubs in the country and located in Detroit.
• AGM Automotive, a leader in the design, development and manufacturing of the automotive industry’s most advanced interior technologies and based in Troy.
• Armor Express, providing a full line of body armor and accessories and based in Central Lake.

“ASE’s trend of membership growth in a variety of sectors across the state continued in the third quarter,” Mary E. Corrado, CEO of ASE said. “We welcome these new members and look forward to assisting them in growing their bottom line by enhancing the effectiveness of their people through ASE’s wide array of HR services.”

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. 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.

Nemeth Law attorneys discuss timely employment issues

Attorneys with Detroit-based management side labor and employment law firm Nemeth Law, P.C., made several presentations during the third quarter of 2016. The discussions covered a variety of employment law topics:

• On Sept. 21, partner Terry Bonnette spoke at the American Society of Employers’ (ASE) 5th Annual Employment Law Workshop at the VisTaTech Center – Schoolcraft College in Livonia, Mich. The topic of his presentation was “He Said, She Said. Who is More Credible?”

• Nemeth Law, PC, hosted a two-day “Intensive HR Labor and Employment Law Training Program” at the VisTaTech Center – Schoolcraft College in Livonia, Mich., on Aug. 29-30. Presenters included founding partner of the firm Patricia Nemeth, partner Terry Bonnette, and attorneys Kellen Myers and Nicholas Huguelet.

• Terry Bonnette, a partner in the firm, presented for the Hylant Group on July 28 in Novi, Mich., and on July 29 in Troy, Mich., about “Dealing with the Problem Employee.”

In addition, Nemeth Law’s video series covering timely topics in employment law, including unions, student assistants and the law, I-9 form violation fees, transgender employees and bathroom access, and health and wellness plans, continues. Videos can be viewed on the Nemeth Law YouTube channel.

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.

 

Paying the price for employees behaving badly is the focus of Nemeth Law’s Raising the Bar series on Oct. 5

Raising the Bar, an educational series raising employer awareness of current issues in employment and labor law and offered by Detroit-based management side labor and employment law firm Nemeth Law, P.C., returns Oct. 5 to cover the topic of Paying the Price for Employees Behaving Badly.

“Most employers are fairly adept at recognizing and responding to potential discrimination and harassment claims,” Terry Bonnette, a partner at Nemeth Law, said. “What a lot of employer’s don’t realize, however, is that their liability for the inappropriate conduct of their employees does not stop there. Historically, in common law, the “master” could be held accountable for the misdeeds of a “servant.” In more modern parlance, we talk about “employment torts.” Although these types of claims are less well-known, they can still be equally, or even more costly, to the employer.”

Using case studies to identify and illustrate strategies for dealing with employees behaving badly, Nemeth Law attorneys will review the following topics:

• Vicarious liability and respondent superior: when is the employer responsible for the bad acts of its employees?
• Can I be sued for that? The not–so- exclusive remedy provisions of the workers compensation statute
• You should have known better. Negligent hiring/retention/supervision
• Are you going to let her talk about me like that? Invasion of privacy and defamation claims
• Fast and furious: negligence involving cars, alcohol and cell phones
• You fired me, now no one will hire me! Tortious interference
• You’re so mean! Intentional and negligent infliction of emotional distress

Raising the Bar will be held on Wednesday, Oct. 5, at the Management Education Center, 811 West Square Lake Road, Troy, 48098. Continental breakfast will be served at 8:30 a.m. The program begins at 9:00 a.m. and ends at 11:45 a.m. The cost of the event is $75 per person and pre-registration is required. To register, e-mail Pamela Perkowski at pperkowski@nemethlawpc.com or call 313.567.5921.

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.

 

American Society of Employers’ (ASE) new 2016/2017 salary budget survey findings: despite low unemployment, it’s more of the same for employee pay increases in 2017

The American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, released its 2016/2017 Salary Budget Survey with a number that’s beginning to sound like a broken record: 3%. Despite economic growth and continued low unemployment, that’s the amount Michigan employers are budgeting for employee pay raises in 2017.

4 Key findings in the 2016/2017 Salary Budget Survey:
• Most employees will see just a 3 percent increase in pay in 2017, a number that has remained constant for the past several years.
• The majority of merit dollars granted are going to the employer’s top performers. This year’s survey findings, however, reveal more employers (up 14% from two years ago) are distributing merit dollars across all employee groups, with the largest amount of dollars going to top performers, while low performers receive a smaller amount. In past years, top performers received most merit dollars and average performers received some merit dollars.
• Wage freezes remain low; consistent with 2016, only 4% of employers surveyed anticipate a wage or salary freeze in 2017.
• Employers continue to rely on variable pay programs to reward performance, with 83% of employers offering variable pay to at least one employee group. The average expected annual bonus payout as a percentage of salary in 2017 remains steady at approximately 5% for both Nonexempt Hourly Nonunion employees and Nonexempt Salaried employees, 9% for Exempt Salaried employees, and 24% for Officers/Executives.

The survey findings were announced by ASE President and CEO, Mary E. Corrado.

“The ASE 2016/2017 salary budget data reflecting an average 3% for merit raises is consistent with several national surveys as well, so this is not a Michigan phenomenon,” Corrado said. “It appears the shift toward modest raises and variable pay and reward options is no longer a trend, but a compensation practice that’s here to stay – at least until the next upheaval in the economy or labor markets.”

Background information on the 2016/2017 Salary Budget Survey:
• 231 organizations from across Michigan participated.
• Organizations with 1 to 500 Michigan employees made up 83% of the survey sample, while organizations with 501 to 5,000 Michigan employers represented 14% of the sample. The remaining 2.5% of the sample comes from organizations with more than 5,000 Michigan employees.
• A variety of industries are represented, with manufacturing organizations representing 60% of the survey sample. The remaining 40% is represented by trades and services organizations.
To obtain a copy of ASE’s 2016/2017 Salary Budget Survey, contact ASE’s Compensation and Benefits Surveys department at surveys@aseonline.org or 248.353.4500. This survey is available free of charge to ASE members, and for $525 to non-members.

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. 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.

American Society of Employers (ASE) announces partnership with MasteryTCN™ to provide additional e-learning resources to members

The American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, is pleased to announce it is enhancing its e-learning resources for member organizations through a partnership with Novi-based MasteryTCN™. With MasteryTCN’s EverySeat™ program, ASE’s membership offerings now include MasteryTCN’s extensive video-based e-learning library. The announcement was made by ASE CEO, Mary E. Corrado.

“Our members look to ASE for a variety of tools and support to manage the comprehensive HR function at the highest level,” Corrado said. “With new e-learning resources through MasteryTCN’s EverySeat program, we offer additional tools for the HR toolbox from a respected training industry leader.”

MasteryTCN’s course library, which plays on all browsers and devices, including desktops, laptops, smartphones and tablets, offers a wide selection of topics ranging from health and safety, HR compliance, communication skills, computer skills and leadership, to customer service, team building and management and supervision. MasteryTCN’s e-learning course videos are produced by leading subject matter experts who create robust training material geared toward meeting the training requirements organizations need most. The standardized courseware platform provides continuity in user experience from one course to the next and includes learning assessments to coach learners to master the material at hand.

About Mastery TCN™
Mastery TCN is the e-learning industry’s first Training Content Network. Mastery partners with leading video content providers to co-produce the largest, standardized, workplace e-learning resource library available. MasteryTCN then partners with HR Cloud Service providers to help employers obtain high-quality training resources through the vendors they already prefer. In this way Mastery fulfills its mission of helping build more successful, effective and amazing organizations.

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. 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.

American Society of Employers (ASE) presents annual Employment Law Workshop on Sept. 21

The American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, will help attendees enhance their understanding of employment laws and regulations at its annual, full-day Employment Law Workshop, to be held Wednesday, Sept. 21 at the VisTaTech Center at Schoolcraft College in Livonia.

“One of the reasons Human Resources is such a dynamic profession is because laws regarding employment are always evolving, and in the past year, we have seen more HR regulatory activity than in the past six years,” Mary E. Corrado, ASE CEO, said. “ASE’s Employment Law Workshop agenda is based on timely issues impacting the workplace and practical ways for employers to respond to the evolving regulatory landscape. It also provides attendees with opportunities for networking and knowledge sharing with employment attorneys and HR colleagues.”

The Employment Law Workshop will feature a legislative update on Federal and State laws, attorney-led panels and specialized breakout sessions reviewing the laws and regulations that impact the day-to-day employer/employee relationship. Highlights of the workshop include:

• Weapons in the workplace
• New National Labor Relations Board (NLRB) interpretations on unionization
• “Ask the Lawyer” open forum lunch session
• What to expect with the new Fair Labor Standards Act (FLSA) rules
• The evolving joint employer relationship
• Avoiding lawsuits from the termination process
• Medical Marijuana in the workplace

For a complete Employment Law Workshop conference agenda and registration information, please visit the ASE website.

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. 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.