Under the Fair Labor Standards Act (FLSA), most employees in the United States must be paid at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek. However, there are some exceptions, including an exemption for highly compensated employees. Under the FLSA, one is a highly compensated employee if […]

Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss creating a parental leave policy while avoiding discrimination concerns, coordinating the policy with other types of leaves and benefits. You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google Podcasts

A recent decision from West Michigan’s federal district court may have shed light on a minor mystery that’s puzzled a number of faith-based nonprofits and businesses in Michigan over the years: with no explicit protections for them in Michigan’s civil rights law,* why have they never been prosecuted for religious discrimination under state law? The […]

Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss laws that prevent companies from punishing employees to who test positive for marijuana as well as how employers should handle ADA requests related to marijuana. You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: Apple Podcasts […]

On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, 372 NLRB No. 58, and seemingly upended the modern severance agreement. As we have previously written about (see our Client Alert here) the Board held that employers violate the National Labor Relations Act when they offer overly broad severance agreements […]

Despite a federal law banning marijuana, a majority of states allow marijuana use in some form. In this episode of Employment Lawyers Talk Off the Clock, Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss whether companies should continue drug testing job candidates and what innovations to consider when testing current employees that are suspected […]

The American employer is in a tough spot.  When the pandemic hit, many employers were forced to close their doors—some permanently.  Then, the end of lockdowns also signaled the beginning of the Great Resignation.  Indeed, in 2021, about 47 million workers quit their jobs.  2022 was no better, as about 4 million workers quit in […]