05 October 2020

Second Circuit Upsets the Apple Cart with Respe...

Can a parent request an independent education evaluation (IEE) at public expense from a functional behavior assessment (FBA)?  Here, in Michigan, most would say yes; based, primarily, on guidance from the Office of Special Education Program (OSEP).  Yet, the Second Circuit said “no” in a recent decision, D. S. v Trumbull Bd of Educ, ___ […]

02 October 2020

OCR Releases Q&A for K-12 Schools Navigati...

The United States Department of Education’s Office for Civil Rights (“OCR”) recently released guidance as part of an effort to aid schools in prioritizing a return to in‑person learning.  Highlights of the guidance include the following: Question: My school district is phasing in its return to in‑person learning.  Is it required to prioritize a return to […]

24 September 2020

Sixth Circuit Rules in Favor of Nurses Establis...

The United States Court of Appeals for the Sixth Circuit delivered an opinion earlier this month in a case concerning the Americans with Disabilities Act (ADA), Kirilenko-Ison, et al. v. Bd of Ed. Danville Indep. Sch., No. 19-5767, 2020 WL 5269818 (6th Cir. Sept. 4, 2020).    The case involved two nurses, Bauder-Smith and Kirilenko-Ison, who […]

Section 1031 Exchanges
19 March 2020

Emerging Employee Benefit Issues during the C-1...

In response to the C-19 pandemic, we are seeing an increasing number of employee benefit questions.  Many of those questions center on employees’ eligibility under employer-sponsored health and welfare benefit plans during furloughs, and ways that employers can provide financial assistance to employees using employee benefit programs. Because of these questions, we will be touching […]

Working from home
11 March 2020

Help! My Employees Need To Work From Home Becau...

Now that there are confirmed cases of COVID-19 in more than 35 states and the WHO has classified COVID-19 as a pandemic, you’re bound to field questions from your employees about what they should do and how it affects them.  Obvious answers include singing “Happy Birthday” twice (preferably not out loud if you’re anything like […]

05 March 2020

Coronavirus: Key Legal Employment Issues

What is Coronavirus?  COVID-19 (Coronavirus) usually causes respiratory illness. Common signs of infection include respiratory symptoms, fever, cough, shortness of breath and breathing difficulties. The World Health Organization (WHO) has declared the outbreak a public health emergency of international concern. What are some key legal employment issues related to Coronavirus and the workplace? Occupational Safety […]

Document Review
27 February 2020

NLRB Finalizes New Joint Employer Rule

The NLRB recently issued its new and improved version of the Joint Employer rule.  Because this topic has been in the news for seemingly the last several years, it is helpful to trace how we arrived at this point.  For years, the Board used to utilize a more employer-friendly joint employer standard.  In 2015, the […]

FLSA: Exemptions, Worktime, and Other Challenging FLSA Issues
20 February 2020

Protecting FLSA Exemption Status

FLSA exemption status always seems to cause a little bit of queasiness.  Many clients with whom we speak are concerned that they’re going to do one little thing incorrectly that will cause their exempt employees to lose their exemption status and will require the employer to pay ungodly amounts of unpaid wages and overtime.  Of […]

At odds
13 February 2020

Talking Politics at Work

The 2020 presidential election season is upon us. The first presidential primaries and caucuses are in the rearview mirror and more are rapidly approaching. From now until the presidential election in November 2020, politics will become even more of a mainstay in our lives than it already has become in this age of 24-hour news, […]

Typing at a laptop
06 February 2020

USCIS Releases New Version of Form I-9

On January 31, 2020, the United States Citizenship and Immigration Service released a new version of the Form I-9, Employment Eligibility Verification. The new version contains only minor changes to the form and its instructions. Specifically, the version of the form and instructions contains the following changes: Form I-9 Revised the Country of Issuance field […]