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Employment Law

Court Clears Way for Use of Unpaid Volunteer Labor

  • May 7, 2018
  • by Zana Tomich

Organizations that use volunteer labor can breathe a sigh of relief.  With the latest decision from the Sixth Circuit Court of Appeals, Acosta v. Cathedral Buffet, Inc., 6th Cir., Case No. 17-3427, (April 16, 2017), the Appellate Court clarified that use of unpaid labor, was […]

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Employers Should Prepare for DOL Rules on Exempt Employees and Overtime Effective Dec. 1, 2016

  • October 20, 2016
  • by Zana Tomich

Back in May, I wrote about the newly issued Department of Labor Regulations regarding increased salary thresholds for exempt employees and overtime. In September 2016, Attorney Generals from 21 states, including Michigan, filed suit in the Eastern District of Texas against the United States Department […]

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New I-9 Penalties Raise Stakes for Restaurants

  • August 8, 2016
  • by Zana Tomich

One of the biggest challenges facing restaurant operators is finding reliable employees. Perhaps it is not a new issue, but it is one of the most common complaints I hear from nearly every type of restaurant. With that challenge, managers are often presented with the […]

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Employment matters and the Church: Removing a pastor from the United Methodist Church and the role of the Court

  • June 15, 2016
  • by Daniel P. Dalton

A recent state court decision in New Jersey addresses the role of the civil court’s in a dispute between a United Methodist Church congregation and its pastor.  In Trustees of the Alpine Methodist Episcopal Church v. Reverend Hae Jong Kim, the facts of the case […]

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Employment matters and the religious leader: The Lutheran Church Missouri Synod and the Civil Court

  • June 13, 2016
  • by Daniel P. Dalton

A recent Michigan Court of Appeals decision addressed the thorny issue of how to remove a pastor from a church.  As noted in, Richard P. Hillenbrand v. Christ Lutheran Church of Birch Run, an unpublished opinion of the Michigan Court of Appeals, (2015), the decision is denominationally […]

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Defend Trade Secrets Act of 2016 Impact: Employers Must Provide Notice in Employment Agreements

  • June 7, 2016
  • by Zana Tomich

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016, 18 U.S.C. 1832. The DTSA, modeled on the Uniformed Trade Secrets Act, provides federal protection for trade secrets and confidential information, something that has generally been governed by the […]

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Department of Labor Overtime Changes Bring New Wrinkle to Employers

  • May 18, 2016
  • by Zana Tomich

As I talk to employers in various industries, one of the most common misconceptions that I hear time and time again is that as long as an employee is paid salary, there is no need to worry about paying overtime. This statement is not entirely […]

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Non-Solicitation Clauses Remain Relevant in Michigan

  • May 9, 2016
  • by Zana Tomich

Most companies are familiar with Non-Compete clauses and routinely consider including them in Employment Agreements with new employees. However, clients in certain industries – like the creative sector – often believe they are not customary, and unwilling to make them a part of their culture. […]

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Work For Hire: What it is and Why it Matters

  • March 14, 2016
  • by Zana Tomich

Work Made for Hire (or Work for Hire) is a long established doctrine that provides some exceptions to general Copyright law, which provide an author or creator of written work automatic copyright protection in his or her work. When an employee is hired for a […]

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Property Rights, Civil Courts and Admission to Religious Schools

  • November 28, 2015
  • by Daniel P. Dalton

In a recent decision, the Michigan Court of Appeals affirmed that Civil Courts will not interfere with a decision of a religious institution to admit students to its program based on the ecclesiastical abstention doctrine – the same doctrine applied to Church property disputes. In […]

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The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.