What employers need to know to remain compliant in 2017 is the focus of Nemeth Law’s Raising the Bar series on Jan. 18

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 Jan. 18 to cover the topic of How Labor and Employment Law has Changed Over the Past Year and What You Need to Know to Remain Compliant in 2017.

The past year was a roller coaster ride for employers and it doesn’t look like it’s going to slow down in 2017, according to Terry Bonnette, a partner at Nemeth Law.

“In mid-2016, the Department of Labor issued new overtime regulations that would have affected 4.2 million exempt salaried employees if those regulations had not been blocked in November by a federal court order. Plus, a Presidential election always brings numerous questions about the new administration’s policies and how they will influence federal agencies, the Supreme Court and multiple areas of labor and employment law – and this election perhaps even more so,” Bonnette said.

At the Jan. 18th Raising the Bar session, Nemeth Law attorneys will discuss how these changes can affect employment practices over the coming year. Topics include:

  • The impact of the new administration on employment, labor and employee benefits law: what employers should expect and what they shouldn’t
  • The current status of the overtime regulations and best practices for employers
  • The EEOC’s new expansive anti-retaliation guidance
  • Transgender employee bathroom access: litigation trends and federal agency guidance
  • Hot Button Issues – the EEOC’s new Strategic Enforcement Plan for 2017-2021
  • Sexual orientation discrimination under Title VII: Are protections for LGBT expanding or contracting?
  • Supreme Court, EEOC and NLRB regulatory and litigation updates

Raising the Bar will be held on Wednesday, Jan. 18, 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 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 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) 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.

Nemeth Law looks at new NLRB decision that student assistants at private universities are employees and can unionize

Kellen Myers, an attorney with Detroit-based management side labor and employment law firm Nemeth Law, P.C., said that Tuesday’s historic decision by the National Labor Relations Board (NLRB) ruling that student assistants at private colleges and universities are statutory employees covered by the National Labor Relations Act (NLRA) will likely have ramifications throughout the country.

“The NLRB’s decision allows students who work as teaching assistants, research assistants and fellows at private colleges and universities at the graduate and undergraduate level to unionize, in essence declaring them to be employees first and students second,” Myers said.

The NLRB decision stems from a union election petition filed by the Graduate Workers of Columbia-GWC, UAW, which was looking to represent both graduate and undergraduate teaching assistants, as well as graduate research assistants, at Columbia University in New York.
In Tuesday’s 3-1 decision, the Board overruled its 2004 decision in Brown University, which held that graduate student assistants who performed services at a university in connection with their studies were not statutory employees under the Act.

The Brown University Board had emphasized the primarily educational relationship between graduate students and their institutions in reasoning that the NLRA was only designed to cover relationships that are economic in nature. The current Board disagreed with this rationale and held that Brown University failed to interpret the NLRA in light of its policies and, in doing so, had “deprived an entire category of workers of the protections of the Act without a convincing justification.”

As a result of the ruling, student assistants at private educational institutions are now protected by the NLRA and have the right to not only unionize but to discuss wages and other terms and conditions of employment or engage in other lawfully protected activity such as strikes. What lies ahead is that student assistants and their respective institutions can now bring to bear the full arsenal of economic weapons available through collective bargaining that are often used in labor disputes, including strikes, lockouts and replacement workers, among other things.

Michigan has approximately 35 private not-for-profit educational institutions (not including the handful of private for-profit institutions) which could be affected by this decision, according to statistics Myers obtained from the Michigan’s Student Financial Services Bureau.

“Although it remains to be seen whether a union election petition at Columbia will be successful, this decision will likely have a major impact at private colleges and universities both in Michigan and across the country,” Myers said. “While the NLRB’s decision is significant, it is consistent with the current nature of the agency, which is aggressively pursuing a more expansive interpretation of the National Labor Relations Act.”

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 to present annual labor and employment update on Jan. 14

Detroit, Mich. —Dec. 22, 2014— Nemeth Law, P.C., a Detroit-based labor and employment law firm, is presenting its annual labor and employment law update on Jan. 14 at the Detroit Marriott Troy. Founding partner Patricia Nemeth says 2014 was a roller coaster year for Michigan employers who saw the law flip flop on a variety of fronts.

“Employers were perplexed in 2014 on issues such as when they might be required to permit employees to work from home; when they might be required to provide accommodation for pregnant employees; and when they might be required to recognize the marriages of their employees, ” Nemeth said. “As 2014 ends and 2015 begins, much of the law remains unsettled and employers need to understand how their employment practices may be impacted over the coming year.”

The attorneys of Nemeth Law, P.C. will discuss a variety of topics at the 2015 Labor and Employment Law update, including:

• Same sex marriage as recognized under both federal and state law
• Defining what reasonable accommodation is, specifically related to working from home and EEOC updates
• Understanding recent changes to overtime exemptions under new wage and hour laws
• Workers compensation and the status of Michigan’s ‘independent contractor exemption’
• Unemployment compensation and issues impacting entitlement to benefits
• Focus areas of the NLRB
• OSHA’s referral program

The Labor and Employment Law update will be held on Wednesday, Jan. 14 at the Detroit Marriott Troy, 200 W. Big Beaver Rd., Troy 48084. The event is being offered in two sessions: Employment Law at 9 to 11:30 a.m. and Labor Law at 1 to 3:30 p.m. Each session will have a fifteen minute break and registration opens 30 minutes prior to the start time. The cost of the event is $75 for one session or $125 for both 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 employment litigation, traditional labor law, mediation and arbitration and management consultation 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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