Michigan News & Analysis

  • 6th Circuit confirms 'fair reading' standard for all overtime exemptions

    Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in "management" and use of discretion and independent judgment can be subjective, and it's often difficult to predict how a court would weigh in if an exempt classification is challenged.

  • IRS authorizes more preventive services to be paid by HSA-eligible health plans

    The IRS recently issued guidance expanding the definition of "preventive care" that may be covered—possibly free of charge—by a high-deductible health plan (HDHP) that's paired with a health savings account (HSA). While the changes made by the guidance are relatively simple, they have the potential to make HSAs substantially more attractive, particularly to employees who have a chronic condition that is controlled by medication or therapy. Before diving too far into the details, however, it's important to have a solid understanding of HSAs and how they work.

  • EEOC retaliation claims rising: what MI employers should know

    Retaliation claims continue to rise. Since 1997, the number of Equal Employment Opportunity Commission (EEOC) charges containing retaliation claims has climbed virtually every year. For 2018, the EEOC reported that 51.5 percent of charges included a retaliation claim. Often, it's more difficult to defend the retaliation claim than the underlying charge. Here are some tips for avoiding and defending against retaliation claims.

  • Managing requests for leaves, restrictions, and accommodations, part 4

    "Asked & Answered" is finishing up our four-part series addressing frequently asked questions about effectively managing employees' leave requests, medical restrictions, and accommodations.

  • U.S. district court affirms denial of H-1B petition for QA analyst

    The U.S. District Court for the District of Columbia recently affirmed the U.S. Citizenship and Immigration Services' (USCIS) denial of an H-1B petition filed on behalf of a prospective quality assurance (QA) analyst. The court found he had failed to show the QA job was a "specialty occupation" under the H-1B's provisions.

  • 6th Circuit narrows definition of 'similarly situated' under the ADEA

    In a recent decision, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) found that a difference in the supervisor who managed a former employee and the supervisor who oversaw the "similarly situated" coworkers she compared herself to was relevant to the former employee's Age Discrimination in Employment Act (ADEA) claim.

  • Individual coverage HRAs probably not option for 2020

    On his very first day in office, President Donald Trump issued an Executive Order instructing federal agencies to lessen the Affordable Care Act's (ACA) burden on the organizations and individuals who were subject to its requirements. More than two years later, the ACA is limping along, but the Trump administration is still working to carry out that order.

  • How to identify and minimize employee burnout

    You may have seen reports recently that the World Health Organization (WHO) has classified employee burnout as a diagnosable medical condition. While that's not exactly accurate, the group has expanded its definition of the term in its latest edition of the International Classification of Diseases.

  • Compensation issues for commissioned salespeople in Michigan

    Michigan's Sales Representative Commission Act (SRCA) allows salespeople who are paid on a commission basis to obtain significant damages if their employer doesn't timely pay them the sales commissions they are owed. Here's an overview of the SRCA and the penalties for noncompliance.

  • Managing requests for leave, medical restrictions, and accommodations, part 3

    This month, "Asked & Answered" presents the third installment in our four-part series addressing frequently asked questions about effectively managing employees' requests for leave, medical restrictions, and accommodations.