Nemeth Law included on U.S. News & World Report and Best Lawyers 2018 list of “Best Law Firms”

Detroit-based management side labor and employment law firm Nemeth Law, P.C., has again been recognized as a tier-one law firm by U.S. News & World Report and Best Lawyers in its 2018 list of “Best Law Firms.”

Nemeth Law is ranked Tier 1 in the metropolitan rankings in the category of employment law – management and labor law management. The metropolitan rankings encompass 185 major U.S. markets.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by the law firms themselves. Clients were asked to provide feedback on firm practice groups, addressing expertise, responsiveness, understanding of business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Lawyers voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and whether they consider a firm a worthy competitor.

To be eligible for consideration in “Best Law Firms,” a firm must have at least one attorney listed in the current edition of Best Lawyers in America, which recognizes the top four percent of practicing attorneys in the US. In August, Patricia Nemeth, founder of Nemeth Law, P.C., was selected by her peers for inclusion in The Best Lawyers in America© 2018. Nemeth was recognized in the practice areas of Employment Law – Management; Labor Law – Management; and Litigation- Labor and Employment. It was Nemeth’s sixth year on the Best Lawyers’ list. She founded Nemeth Law as a solo practitioner in 1992. The firm is the largest woman-owned law firm in Michigan to exclusively represent management in the prevention, resolution and litigation of labor and employment disputes.

The 2018 “Best Law Firms” rankings are available at http://bestlawfirms.usnews.com/. More information on the 2018 “Best Law Firms” methodology is available here.


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’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 founder listed in The Best Lawyers in America© 2018

Patricia Nemeth, founder of Detroit-based management side labor and employment law firm Nemeth Law, P.C., has been selected by her peers for inclusion in The Best Lawyers in America© 2018. Nemeth was recognized in the practice areas of Employment Law–Management; Labor Law–Management; and Litigation–Labor and Employment. This is Nemeth’s sixth year on the Best Lawyers’ list.
Nemeth founded Nemeth Law as a solo practitioner in 1992. The firm is now the largest woman-owned law firm in Michigan to exclusively represent management in the prevention, resolution and litigation of labor and employment disputes.

Nemeth is an arbitrator and a certified mediator for all types of civil litigation, including employment. Her areas of legal expertise include all aspects of traditional labor and employment litigation law, including complex employment investigations and analyses, discrimination/harassment, age, disability, sex, race, whistleblowers, wrongful discharge, union organizing activities and union issues, and multi-party lawsuits.

Nemeth holds a Bachelor of Arts from the University of Michigan and a Juris Doctorate and LLM in Labor Law from Wayne State University School of Law. In April 2016, she received a Distinguished Alumni award from the Wayne State University School of Law at its annual Treasure of Detroit celebration, honoring those who have made significant contributions to the practice of law, as well as the growth and success of the Law School. Nemeth is an ABA Foundation Fellow and a member of the Michigan, Illinois, Federal and the United States Supreme Court Bar.


About Best Lawyers®
Inclusion in Best Lawyers® is based entirely on peer reviews, using a sophisticated and transparent survey process. The methodology is designed to capture as accurately as possible the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical and legal practice area. More information is available at the Best Lawyers website.

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.

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.

 

Miller Canfield Among Top 15% of Complex Employment Litigation Firms in America

Miller Canfield is pleased to announce that the BTI Litigation Outlook 2017 has ranked the firm in the top 15 percent of all U.S. law firms in Complex Employment Litigation.

Miller Canfield’s employment litigation team is regularly ranked alongside the best known major national law firms. With attorneys licensed in several states and admitted to more than 30 federal courts, the team has the capacity to litigate cases throughout the United States and Canada, including: wage and hour disputes; Equal Employment Opportunity Commission harassment, retaliation, discrimination and civil rights claims; Family Medical Leave Act and Americans wth Disabilities Act claims; wrongful discharge, whistleblower and employment-related tort claims; non-compete disputes; and employment-related arbitrations.

The BTI Litigation Outlook reports on client behavior and spending, how it is changing in 2017, and what law firms can do to adapt and strengthen their client relationships. BTI is predicting that there will be little change in spending on litigation, but opportunities for law firms remain strong as many clients are increasingly looking to their existing law firms to do both everyday litigation work and complex litigation. The report noted that specific areas of growth include employment, class action and intellectual property litigation, while commercial litigation spending is expected to decrease in the coming year.

About Miller Canfield
With over 250 lawyers practicing in all major areas of law and 14 offices in five countries, Miller Canfield is among the 200 largest law firms in the U.S. Our lawyers are recognized by the most prestigious legal referral guides and organizations around the world, including Chambers USA and the 2016 edition of “Best Law Firms” published by U.S. News & World Report, in which Miller Canfield received national first-tier rankings in Public Finance Law, Labor & Employment Litigation and Labor Law-Management. Miller Canfield was also named by corporate counsel as a “Standout in Complex Labor Litigation” in the BTI Litigation Outlook 2015 report, the third consecutive year. The firm is also recognized for superior client service in the 2015 BTI Client Service A-Team report.

Visit www.millercanfield.com. Follow us on Twitter, www.twitter.com/millercanfield.

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.

American Society of Employers (ASE) annual Mid-Michigan Employment Law Workshop set for May 18

The American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, will help bring clarity on changing employment laws to employers in the Mid-Michigan area with its annual Employment Law Workshop set for Wednesday, May 18 at the Horizons Conference Center in Saginaw.

“From the pending changes regarding overtime payments, questions about acceptable employee handbook language and the push for paid parental leave, employers are faced with a rapidly changing legal landscape in the workplace,” Mary E. Corrado, ASE CEO, said. “ASE’s Employment Law Workshop will cut through the often ambiguous areas of employment law to help HR professionals stay informed and up to date.”

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

• Overview of Federal and State law changes
• “Ask the Lawyer” open forum lunch session
• Tips and strategies for maintaining a harmonious workplace
• Clarifying the impact recent court decisions will have on employers
• Understanding how employee handbook content can help or hurt employers in legal claims

For a complete 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.

Nemeth Law attorney cautions employers to follow guidelines on pre-employment questions in on-line recruiting

Deborah Brouwer, a partner with Detroit-based labor and employment law firm, Nemeth Law, P.C., notes that as more employers head on-line for their recruiting efforts, legal guidelines for pre-employment interviews still apply.

“Most employers understand there are certain questions they can and cannot ask during the hiring process. It’s important to reiterate that those guidelines include on-line submission forms and email conversations with recruits as well,” Brouwer said. “While some unlawful questions are fairly obvious, for example, ‘“What is your religion?”’ others are not. It is important for employers to learn about potential employees before hiring them, though, and the application and interview process are their most powerful tools, regardless of the medium. The key is to follow legal guidelines whether on-line or through a traditional hiring process.”

Brouwer offers the following Do’s and Don’ts of interview questions for employers.
DO
• Do ask applicants about work history and skills, including prior places of employment, job duties, and rates of pay. These are important questions that help determine if the applicant has the right experience for the job.
• Do ask applicants if they are legally authorized to work in the United States. This question helps ensure the employer is not unlawfully hiring an illegal alien. Additional questions (such as country of citizenship/national origin, whether the applicant is a naturalized or native-born citizen, etc.) asked outside of the federal I-9 process are likely unlawful.
• Do ask about the applicant’s academic, vocational or professional training but not dates of attendance, as that may provide information on the applicant’s age.
• Do ask applicants if they are able to perform the essential functions of the job, with or without reasonable accommodation. Have a job description available so applicants know what the essential job functions of the position are.
DON’T
• Don’t ask about arrest records. While an employer may ask about felony or misdemeanor convictions, questions about an arrest not resulting in a conviction may violate the law.
• Don’t ask about the applicant’s age – except to confirm they are 18 or older for purposes of determining whether the individual is of legal employment age.
• Don’t ask applicants about their height or weight. In Michigan, these are protected classifications subject to anti-discrimination laws; plus, an applicant’s height or weight is rarely relevant to the job.
• Don’t ask about the religious denomination, affiliation, or what religious holidays the applicant observes. This question frequently lands employers in hot water.
• Don’t ask about the applicant’s race, color or national origin.
• Don’t ask about the applicant’s marital status or whether he or she has children. Under Michigan law these are protected classifications and can be the basis for illegal discrimination.
• Don’t ask about the applicant’s gender identification or sex.
• Don’t ask about the applicant’s health history or to provide genetic information (such as family medical history). These questions are generally prohibited under both state and federal law.
• Don’t ask for a photograph of the applicant. This can provide information that would otherwise be unlawful for an employer to ask, such as age, race/color, sex, etc.
Brouwer offers a few caveats, too.

“Some of these questions may be unlawful in one context and potentially lawful in another, depending upon the type of employer (public or private), the industry, or the particular context,” Brouwer said. “Further, an employer may be able to ask some of these questions after having made an offer of employment to the applicant. These are simply questions most employers should be wary of asking at the initial stage of the hiring process.”

As for checking up on potential employees by searching Google or looking at Facebook posts, Brouwer says such searches present risks because the employer may learn information about the applicant – an announcement that the applicant is pregnant, for example – that cannot and should not be used in making hiring decisions.

“Once an employer has personal information like that, it is difficult to prove it did not influence the hiring decision,” Brouwer said.

If internet searches are absolutely necessary, Brouwer advises they be narrowly tailored and conducted by someone who will not make the hiring decision and, further, will not share irrelevant information learned during the search with the hiring authority.

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.