Reopening of the Workplace: Issues that May Arise and Helpful Tips

As business owners get closer to reopening their doors, it is time to start planning for and anticipating the problems that may arise with our workforce. The following are issues that may arise, along with some helpful tips. Workplace Conditions Governor Whitmer will advise of the required conditions of the workplace such as the wearing of masks, use of partitions, cleaning of areas, use of social distancing, etc. If your […]

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COVID-19: Business and Legal Issues to Consider

Businesses are facing a diverse set of legal and business-critical challenges by the outbreak of the Coronavirus Disease (COVID-19). Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. are closely monitoring the potential ramifications of the outbreak and are actively advising clients in planning through this fluid time and uncertain future to better position their business for success. Some legal, strategic, and practical considerations employers need to consider include: • Wage […]

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Acho Speaks to MDAHU

On March 28, 2019 Jim Acho spoke to over 100 members of the Metro Detroit Association of Health Underwriters (MDAHU) regarding the effects of the legalization of marijuana in Michigan and how it affects employers and employment law at large.  His presentation provided valuable information that gave members a better understanding of the new law and also strategies on how employers can best guide their workplace in this new era […]

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Important New Changes to Michigan’s Paid Medical Leave Act

Effective March 29, 2019 the Paid Medical Leave Act (PMLA) will allow eligible part time employees to receive one hour of paid medical leave for every 35 hours worked. To be eligible for the leave the employee must have worked a minimum of 25 hours per week during the preceding calendar year. The leave time must be used for personal or family health needs or purposes related to sexual assault […]

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Legal or Not, Michigan Employers Can Still Fire You for Smoking Pot

On Tuesday, Nov. 6, 2018, Michigan voters elected by a margin of 56% to 42% to have Michigan become the 10th state in the country to legalize recreational marijuana use. By mid-December, a Michigan resident will be able to grow their own marijuana plants and smoke marijuana in the comfort of their own home. But what does this mean for employers who want to guard against having employees under the influence […]

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Definition of Gender Discrimination Expanded

The Sixth Circuit Court of Appeals (the Federal Appeals Court which includes Michigan) recently reviewed the firing of a male funeral home director transitioning to female. Ms. Stephens was fired after she advised the funeral home owner, Mr. Rost, that she was intending to live as a woman including utilizing a female name, dressing in women’s clothing and using the women’s restroom. Litigation was filed against the funeral home by […]

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Think Before You Joke

They say “laughter is the best medicine,” and it’s true. Studies show that laughing boosts immunity, eases anxiety and stress, improves mood, and decreases pain. Socially, laughing strengthens relationships. In addition to the value of humor in our personal lives, we cannot underestimate the power of humor at work. Humor increases our ability to persuade others and helps us diffuse conflict. In simple terms: laughing feels good, and because of […]

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Cautionary Tale – Employee’s Profanity Laced Facebook Post is Protected Activity in a Recent Federal Court Decision

On April 21, 2017, the Second Circuit Court of appeals in NLRB v. Pier Sixty, LLC, 855 F.3d 115 (2nd Cir. 2017), upheld the National Labor Relations Board’s conclusion that a terminated employee’s profanity based comments about his supervisor on Facebook were not so egregious as to exceed protection under the National Labor Relations Act (NLRA or Act). Pier Sixty operates a catering company in New York City.  In 2011, […]

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A Few Common Reminders of the Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) allows an eligible employee to take an unpaid, job-protected leave for a specified family and medical reason with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.  A few of the common points of FMLA that may be forgotten by the employer are outlined below. Can the employer have communications with the employee […]

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Grant Obtains Dismissals on behalf of Judge and Prosecutor

Greg Grant, an attorney in our Traverse City office, recently obtained dismissals on behalf of a Northern Michigan judge and prosecutor in two separate civil rights cases. In both cases, the courts awarded his clients all of their attorney fees and costs. Mr. Grant aggressively defends judges, attorneys, and municipalities as a regular part of his practice. Greg Grant focuses his practice on municipal law, employment and labor law, insurance defense, […]

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