Employment Laws

Employment law covers all rights and obligations within the employer-employee relationship — whether current employees, job applicants, or former employees. Because of the complexity of employment relationships and the wide variety of situations that can arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety. Many of these issues are governed by applicable federal and state law. This is FindLaw’s collection of Employment Laws articles, part of the Human Resources section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Human Resources

Employment Laws Articles

Massachusetts: Material Change in Employment Relationship Could Invalidate Prior Restrictive Covenant

For years, commentators have viewed Massachusetts as neutral territory for the enforcement of noncompete agreements. An employer’s need to protect its most important assets, including the company’s strategic vision, customer base, and trade secrets ...
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Medical Leave of Absence

The topic of this month's Employment Law Bulletin is . If you have 50 or more employees, then these laws apply to you and your employees. The Acts are virtually identical, they apply simultaneously, and you must comply with the stricter of the two ...
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Medical Questions on Employment Application Create Viable ADA Claim for Non-Disabled Applicant

A recent Tenth Circuit Court of Appeals ruling serves as a strong reminder to employers to avoid asking job applicants health-related questions. In Griffin v. Steeltek, Inc., the court held that a job applicant who was neither disabled, nor ...
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Mergers and Acquisitions: WARN and the NLRA

Many employment-related issues demand attention during the course of planning and implementing an M&A transaction, including several statutes that can complicate the transaction. Fortunately, the effects of these statutes can be easily managed with ...
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MI Court of Appeals Rejects Prospective Arbitration Agreements Involving Civil Rights Claims

In Heurtebise v Reliable Computers, Inc., (1994) the Michigan Court of Appeals ruled that, by placing mandatory arbitration policies in their handbooks, employers could require their employees to arbitrate all claims, both wrongful discharge/alleged ...
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Michigan Court Adopts New Approach To Sexual Harassment Cases

In Chambers v Trettco, Inc, the Michigan Court of Appeals adopted the principles of employer liability for sexual harassment by a supervisor announced by the U.S. Supreme Court in June 1998 in Ellerth and Faragher. In Burlington Industries, Inc v ...
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Michigan Legislature Limits Employers’ Use of Genetic Test Information

Effective March 15, 2000, the Michigan legislature amended the Michigan Persons with Disabilities Civil Rights Act (the "Act") to prohibit employers from requiring that applicants or employees submit to genetic testing or provide genetic ...
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Michigan’s Franchise Law Arbitration Provision may be Unenforceable

A recent federal appellate court decision casts doubt upon the validity of a provision in the Michigan Franchise Investment Law designed to protect Michigan franchisees from being required to arbitrate their disputes with franchisors outside the ...
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Michigan Supreme Court Clarifies An Employee’s Duty To Mitigate Lost Wages

The Michigan Supreme Court has clarified the scope of a discharged employee's duty to mitigate damages for lost wages. The doctrine of mitigation imposes two obligations on a discharged employee: (1) to make reasonable efforts to find employment and ...
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Michigan Supreme Court Clarifies Burden of Proof in Discrimination Cases

One year ago we reported on the Supreme Court's decision in Lytle v Malady. Plaintiff in this case had asserted, based on employee handbook statements and supervisory assurances, that she could only be terminated for just cause and, despite a bona ...
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