BERRY MOORMAN P.C.
LABOR AND EMPLOYMENT
Every employment decision, from recruiting to hiring to reductions in force crosses a wide spectrum of legal issues.
Berry Moorman has a number of lawyers who assist our clients in this broad field. In these matters, we represent management exclusively.
We provide on-going counsel with regard to specific incidents as well as in the drafting of personnel policies and procedures, employment agreements, employment applications, immigration issues, confidentiality and non-compete agreements, severance and termination agreements and other employment documents.
Berry Moorman P.C.
When management is faced with charges of discrimination, wrongful termination or other employee claims, we are prepared to assist in a resolution and, if not, to represent our clients vigorously in court, administrative and arbitration proceedings.
Our Michigan employment attorneys are proud that we have assisted our clients in some of the most significant cases in this important area, including:
- Appearing before the Michigan Supreme Court to change the law to prohibit employees from receiving a double recovery in discrimination claims.
- Establishing an employer’s right covertly to observe an employee suspected of malingering.
Validating, in the U.S. 6th Circuit Court of Appeals, as a valid business decision, an employer’s right to implement a mass lay-off during a union organizing campaign.
- Establishing the right of employers to refer applicants with preexisting epilepsy, diabetes, back or heart problems for certification pursuant to the Michigan Vocational Rehabilitation Act in defense of a prospective employee’s claim that such a reference violates the Michigan Handicappers’ Civil Rights Act.
- Preventing the NLRB from overturning an employer victory in a union organizing drive because of a campaign tactic used by the employer on the day of the vote.
- Upholding, in a federal court lawsuit brought by the EEOC, the right of an employer to terminate an employee who refused to provide a Social Security or other taxpayer identification number on the basis of religious beliefs.
- Sustaining the discharge, in a federal court jury trial, of an employee claiming FMLA leave, while failing to follow policies relating to attendance, which the employer had negotiated with her union.
Defeating, in the U.S. 6th Circuit Court of Appeals, a WARNA claim filed by more than 300 workers who lost their jobs in a plant closing.
In merger and acquisition situations, we participate with management in the due diligence process by examining the labor and employment practices of the parties.
Berry Moorman P.C. Michigan employment lawyers provide counsel to the parties in order to find ways to implement their desires with respect to the continuation or termination of existing relationships and practices. We also assure that our clients fulfill their obligations under COBRA, the Michigan Employment Security Act, WARNA, ERISA and other federal and state regulations and statutes impacting the transaction.
Our Michigan labor attorneys consult with employers on deflecting and responding to union organizing activities, including representation elections, decertifications, unfair labor charges, and other proceedings before the National Labor Relations Board and its state counterpart.
Berry Moorman P.C.
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Every employment decision, from recruiting to hiring to reductions in force crosses a wide spectrum of legal issues. You will find other practice areas that relate to Labor and Employment Law.
NEWS AND BLOG
RECENT NEWS AND UPDATES
On January 9, 2024, the U.S. Department of Labor “DOL” published a final rule on employee or independent contractor classification under the Fair Labor Standards Act “FLSA.” The final rule is set to take effect on March 11, 2024. The 2024 rule rescinds and replaces...
Employers should always stay up to date with legal developments that affect their workplace and personnel. One such development is the Pregnant Workers Fairness Act (“PWFA”), which, in general, requires fair treatment of, and accommodations for, pregnant employees or...
Introduction In 2018, the Michigan legislature received two ballot initiatives from Michigan voters regarding paid medical leave and minimum wage. In the past, the legislature had to choose from three options: it could reject an initiative, putting it on the ballot...