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FLSA volunteer memo

Author: LegalEase Solutions QUESTION PRESENTED  Whether the American Nurses Credentialing Centre (ANCC) certification appraisers can serve as volunteers under the Fair Labor Standards Act (FLSA) and Department of Labor (DOL) regulations and guidelines, when ANCC pays the appraisers’ travel and lodging expense for onsite training and pays a $50 nominal fee per application appraised?  SHORT … Continue reading “FLSA volunteer memo”

FMLA and ADA Cause of Action Memo

Author: LegalEase Solutions QUESTION PRESENTED  Whether re positioning of an employee, by an employer after returning from approximately one year of leave, within the same organization, amounts to violation of any state or federal law and whether there is protection afforded to such employee either through the FMLA or the ADA?  SUMMARY  Generally, under Michigan and … Continue reading “FMLA and ADA Cause of Action Memo”

FMLA employee rights

Author: LegalEase Solutions QUESTION(S) PRESENTED Summary of employee rights under FMLA Summary of available extension for providing additional requested information. When can an employer begin termination procedures for failure to provide additional requested documentation? When an employee on FMLA leave suffers from work-related stress, whether engaging in outside social activity justifies termination?  SHORT ANSWER(S) An … Continue reading “FMLA employee rights”

Bargaining unit under the National Labor Relations Act

Author: LegalEase Solutions  RESEARCH FINDINGS  What are the criteria for excluding employees in the managerial and confidential categories from a bargaining unit under the National Labor Relations Act? In N.L.R.B. v. Yeshiva Univ., 444 U.S. 672 (1980),  the Court held that the “[p]rimary authority to resolve the conflicts related to employees and to adapt the … Continue reading “Bargaining unit under the National Labor Relations Act”

Unemployment Benefits in Michigan: Is an employee who voluntarily quits her job entitled to unemployment benefits?

Author: LegalEase Solutions  Introduction An employee voluntarily quit her job at a small business in Michigan, and later, she filed for unemployment benefits with the Michigan Unemployment Insurance Agency (UIA) which has been granted. Question Presented Is an employee who voluntarily quit the job entitled to receive unemployment benefits under Michigan Laws? Short Answer Yes. … Continue reading “Unemployment Benefits in Michigan: Is an employee who voluntarily quits her job entitled to unemployment benefits?”

Union Pension Payments to Trainees/Apprentices

Author: LegalEase Solutions Introduction Our client appears on behalf of Persons Services, Inc., (“Persons”) which is a waste transportation company with a work force comprised of union members.  The Operating Engineers Local 324 Pension Fund has sued PERSONS in Federal District Court for non-compliance with the union contract and related statutes pertaining to union pension … Continue reading “Union Pension Payments to Trainees/Apprentices”

Validity of Contractual Provisions Shortening Time to Bring Action in Michigan

Author: LegalEase Solutions  Question Presented What minimum time period is considered acceptable to uphold an employment agreement provision shortening the time to less than 180 days in filing an arbitration claim? Short Answer Michigan Court generally uphold the period of limitation stipulated in an employment contract whether it is 180 days or 90 days, provided … Continue reading “Validity of Contractual Provisions Shortening Time to Bring Action in Michigan”

Fiduciary Duty of General Manager

Author: LegalEase Solutions  Introduction Our client appears on behalf of Guardian Automotive Trim, a company which entered into a multimillion dollar contract with an entity called Solvit Group, LLC, for the performance of solvent reclamation. Since lawyers were not involved in drafting or reviewing, the contract lacked many of the standard terms to be found … Continue reading “Fiduciary Duty of General Manager”

Treatment of “me too” Clauses and Permissive Subjects in Collective Bargaining Agreements

Author: LegalEase Solutions  Questions Presented Whether a “me too” clause is a permissive or mandatory subject of bargaining in a collective bargaining agreement between a public sector employee and a union? Whether a permissive subject of bargaining clause in a collective bargaining agreement between a public sector employer and a union is automatically included in … Continue reading “Treatment of “me too” Clauses and Permissive Subjects in Collective Bargaining Agreements”