Foster Swift Addresses Changes Coming for Employers in 2022

Posted on February 25, 2022 by saji thabolingam

Southfield, Mich. — With questions still lingering about what Labor and Employment issues that employers need to focus on in 2022 and to update busy HR professionals and business decision-makers, Foster Swift Collins & Smith invites you to attend the Spring 2022 Labor & Employment Law Update on Thursday, March 10.

With the rise in COVID cases, many are still unsure or uncomfortable about gathering in groups so to accommodate all preferences, this will be a hybrid event with attendees being able to attend both in-person and virtually over Zoom simultaneously.

Session Information:
• Cost: Free
• When: Thursday, March 10, 2022 from 9:00 am – 12:00 pm
• Where: 313 S. Washington Square, Lansing, MI 48933 (Hub space – lower level)
• Parking is located behind the building on S. Grand Avenue (Do not park in Wolverine Parking Co. lot next door). See the lobby receptionist for a gate token to leave the parking lot when finished.
• Registration: For those that wish to attend in person, please RSVP by contacting Jake Leuvoy at jleuvoy@fosterswift.com or (517) 371-8125 no later than Monday, March 7.
• For those that wish to participate virtually, please use this registration link: https://zoom.us/webinar/register/WN_ANCYCvajQzKWsrk2YI0YLw.

For individuals attending “live”, registration in the Hub will begin at 8:30 am with refreshments provided. The formal program will end at 12:00 pm. However, for those that have further questions and would like to join our presenters for a light lunch and Q & A, we will provide lunches for those that RSVP.

Among the discussions included in the agenda are:
• COVID-19 Updates and Vaccination Mandates:
o OSHA ETS
o MIOSHA
o CMS Rule
o Voluntary Mandates
o Exemptions
o Unemployment
• Non-compete and No-poaching Agreements; Are they Legal or Enforceable?
• How does the Corporate Transparency Act of 2021 affect Employers?
• Fair Labor Standards Act (FLSA) Update:
o New minimum wage, overtime and tip credit laws effective 01/01/2022;
o Gig Economy: Are your employees classified and paid properly?
• Employee Handbook Essentials and Necessary Updates.

Nemeth Law takes on civility in the workplace at Raising the Bar forum on October 23

Posted on October 7, 2019 by saji thabolingam

Detroit-–-October 7, 2019-–-Raising the Bar, an educational series increasing employer awareness of current issues in employment and labor law and offered by Detroit-based Nemeth Law, P.C., returns on Wednesday, October 23, with the timely topic of Mobilizing Civility: Creating A Culture of Respect. The session will address best practices for employers to generate an organizational culture where employee interaction is civil and respectful.

According to Nemeth Law partner Terry Bonnette, not all workplace discussions regarding the upcoming election are going to be polite exchanges of political philosophy and cooperative discourse. Multiple studies have concluded that the 2016 election changed the way people see their coworkers and their workplaces. Bonnette, who helps train companies with civility issues and who appeared on One Detroit as part of the discussion regarding the Detroit Chamber Civility Project, cites various surveys that have found:
• 27% of workers believe the work environment has become more tense because of political dialogue
• 25% of workers admit they actively avoid certain coworkers with whom they have political differences
• 33% of workers believe that politics is a common distraction in the work environment
• 46% of workers believe their workplace was negatively impacted by the 2016 election

“Incivility has become a cost of doing business,” Bonnette said. “Election cycles don’t necessarily create the problem. Generational differences, the effect of technology on how we communicate, lack of self-awareness, and discomfort with difference are really the factors feeding into real or perceived incivility.”

Topics that will be addressed in the session include:

• What is workplace civility and why is it important?
• What are potential causes /sources of incivility?
• How to craft policies that promote civility without infringing on any protected rights
• Different approaches to civility training and the benefits of each
• Implementing training and protocols that work

Raising the Bar will be held on Wednesday, October 23, at the Management Education Center, 811 West Square Lake Road, Troy, 48098. Check-in and continental breakfast begin at 8:30 a.m. The program runs from 9 a.m. until 11:45 a.m. with one 15-minute break. The cost is $75 per person and pre-registration is requested. 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.

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Nemeth Law’s Raising the Bar tackles critical immigration and compliance challenges facing employers at its May 8 session

Posted on April 16, 2019 by saji thabolingam

Detroit — April 16, 2019 — Raising the Bar, an educational series increasing employer awareness of current issues in employment and labor law and offered by Detroit-based Nemeth Law, P.C., returns on Wednesday, May 8, to discuss employers’ ongoing compliance challenges relating to immigration.

According to Nemeth Law partner Terry Bonnette, U.S. Immigration and Customs Enforcement (ICE) stepped up its actions in 2018 and has promised to maintain heightened enforcement efforts through 2019.

“On April 4, ICE’s Homeland Security Investigations Unit executed criminal search warrants at a north Texas telecommunication repair company, arresting 280 employees—making it the largest single work site action taken by ICE in more than a decade,” Bonnette said.

“In fiscal 2018, ICE opened 6,848 worksite investigations and arrested more than 2,300 people at work. Criminal charges were brought against 113 members of management for violations of the Immigration Reform and Control Act of 1986,” he added.

Immigration attorney Dorothy Basmaji will join Nemeth Law attorneys at Raising the Bar as a guest speaker to discuss how U.S. immigration policy may affect companies’ employment practices, what they need to be doing to stay in compliance, and how to handle issues that may come up. Topics include:

I-9 compliance: preparing for and surviving an ICE audit
The changing landscape in obtaining and defending H-1B entry
National origin discrimination: Title VII, ELCRA, and IRCA
The latest trends and updates in IRCA enforcement and how those are impacting employers

Raising the Bar will be held on Wednesday, May 8, 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 11:45 a.m. with one 15-minute break. The cost of the event is $75 per person and pre-registration is requested. To register, e-mail Pamela Perkowski at pperkowski@nemethlawpc.com or call 313.567.5921.

Nemeth Law, P.C. is recognized by SHRM to offer SHRM-CP or SHRM-SCP professional development credits (PDCs). This program is valid for 2.5 PDCs.

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What’s ahead for employers in the coming year? Nemeth Law’s Raising the Bar series kicks off 2019 with its Labor and Employment Law Update on January 23

Posted on January 2, 2019 by saji thabolingam

Detroit-–- Jan. 2, 2019-–-Raising the Bar, an educational series raising employer awareness of current issues in employment and labor law and offered by Detroit-based Nemeth Law, P.C., returns on Wednesday, January 23, with its 2019 Labor and Employment Law Update.

“Michigan employers have seen a flurry of legislative activity from the midterm elections through the end of the year impacting paid sick leave, minimum wages and recreational marijuana use,” Terry Bonnette, a Nemeth Law partner, said. “On a federal level, the NLRB has pulled back from numerous Obama-era policies, and federal circuit courts continue to issue contradictory opinions in sexual harassment and LGBTQ+ cases. As another year begins, it is becoming clearer that change is a given, so it’s crucial for employers to know how to stay compliant,” he said.

At the January 23 session, Nemeth Law attorneys will discuss how changes in labor and employment law may affect companies’ employment practices in 2019 and what they need to be doing to keep ahead of the game. Topics include:

 New requirements for minimum wage and paid sick leave in Michigan
 SCOTUS on arbitration – drafting agreements that work
 Recreational marijuana – what employers can do to maintain a drug free workplace
 The effect of #MeToo on sexual harassment cases and challenges to the effectiveness of employer harassment prevention policies
 EEO, DOL and NLRB compliance updates

Raising the Bar will be held on Wednesday, January 23, 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 11:45 a.m. with one 15-minute break. The cost of the event is $75 per person and pre-registration is requested. To register, e-mail Pamela Perkowski at pperkowski@nemethlawpc.com or call 313.567.5921.

Nemeth Law, P.C. is recognized by SHRM to offer SHRM-CP or SHRM-SCP professional development credits (PDCs). This program is valid for 2.5 PDCs.

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

Posted on October 3, 2017 by saji thabolingam

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

Posted on April 4, 2017 by saji thabolingam

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

Posted on December 8, 2016 by saji thabolingam

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

Posted on October 31, 2016 by saji thabolingam

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

Posted on October 5, 2016 by saji thabolingam

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.

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