HR Connections Michigan 2017 - 13

Employment Law:


But Important, Updates

By James M. Reid,
Equity Shareholder Attorney,
Maddin Hauser

Rounding Daily Hours
Worked is Illegal in
Although federal law permits rounding to
the nearest quarter of an hour, Michigan law
does not. Michigan law requires that "The
employment records for each employee shall
include total daily hours worked showing
and the starting and ending times each day,
computed to the nearest tenth of an hour, or
other finer measure."1
* Practical Tip: Employers should either
calculate actual time worked or comply
with the tenth-of-an-hour requirement
by rounding to the nearest six-minute
interval (i.e., rounding down only when
the excess time is less than three minutes
and rounding up only when the excess
time is three minutes or more).

Successor Liability Claims
are Becoming the Norm
Employees are bringing separate
claims against the employer, client, staffing
company, insurance company, purchaser
of a company, franchisor and/or supervisor
under the theory that multiple parties had
sufficient "control" to be liable. The Equal
Employment Opportunity Commission and
other administrative agencies are not required
to disclose when separate claims have been
asserted against other parties.

2017 MISHRM State Conference * Oct. 11-13

* Practical Tip: Before submitting a reply
to an agency charge, consider reaching out to other entities that may have
received a similar charge. Coordinate
with such entities to present a consistent
defense and combine resources to propose
a universal settlement. Make sure any
settlement agreement resolves claims
with respect to all potential parties.

The Defend Trade Secrets
Act (DTSA) Requires
Employers to Update
Agreements in Order to Receive
New Federal Remedies
Owners of certain trade secrets now have a
civil cause of action under federal law for trade
secret misappropriation, provided that they meet
the requirements set forth in DTSA. To assert a
claim under DTSA, employers must notify employees, contractors and consultants of the protected
instances in which trade secrets may be disclosed.
For example, trade secrets may be disclosed when
necessary to report a suspected violation of law to a
federal, state or local government official or counsel.
Trade secrets may also be disclosed in a complaint
(e.g., for retaliation) if the filing is made under seal.
Potential remedies under the DTSA include actual
loss, unjust enrichment, a reasonable royalty, and,
in the case of willful or malicious misappropriation,
exemplary damages and reasonable attorneys' fees.
If employers do not provide the notices required
by the DTSA, however, they are precluded from
recovering exemplary damages or attorneys' fees.

The DTSA grants civil and criminal immunity to
individuals who disclose trade secrets in the course
of whistleblowing. In essence, the DTSA encourages
whistleblowers to report a suspected violation of law
to a federal, state or local governmental official or
counsel, without fear of being prosecuted or charged
for misappropriation of trade secrets.
* Practical Tip: To preserve the option of
asserting a federal claim of trade secret
misappropriation, employers should
revise all documents that contain confidentiality provisions to comply with the
criteria required by DTSA. Documents
requiring revision may include, without
limitation, employment agreements,
independent contractor agreements,
handbooks, confidentiality agreements,
non-disclosure agreements and separation agreements. Each of these documents
should specify (at a minimum) that an
individual has immunity and cannot be
held criminally or civilly liable for disclosing trade secrets (or other confidential
information) when the disclosure is made:
(1) in confidence to a federal, state or local
government official or an attorney solely
for the purpose of reporting or investigating a suspected violation of law; or
(2) in a complaint or other document that
is filed under seal. Likewise, employers
should reiterate that they will not retaliate against or interfere with employees
making such disclosures.

All information including registration is online at: 13

Table of Contents for the Digital Edition of HR Connections Michigan 2017

Save the Date – “HRevolution”
Welcome Message
Frequently Asked Questions/Sponsors List
Don’t Manage Your Millennials: Coach Them!
Support the SHRM Foundation
Becoming Mindful Healthcare Consumers
Employment Law: 5 Little-Known, But Important, Updates
Why Being “Authentic” is Nonsense
The HR Department of the New Millennium
Index of Advertisers/
HR Connections Michigan 2017 - Intro
HR Connections Michigan 2017 - cover1
HR Connections Michigan 2017 - cover2
HR Connections Michigan 2017 - Save the Date – “HRevolution”
HR Connections Michigan 2017 - 4
HR Connections Michigan 2017 - 5
HR Connections Michigan 2017 - Welcome Message
HR Connections Michigan 2017 - Frequently Asked Questions/Sponsors List
HR Connections Michigan 2017 - Don’t Manage Your Millennials: Coach Them!
HR Connections Michigan 2017 - 9
HR Connections Michigan 2017 - 10
HR Connections Michigan 2017 - Support the SHRM Foundation
HR Connections Michigan 2017 - Becoming Mindful Healthcare Consumers
HR Connections Michigan 2017 - Employment Law: 5 Little-Known, But Important, Updates
HR Connections Michigan 2017 - 14
HR Connections Michigan 2017 - Why Being “Authentic” is Nonsense
HR Connections Michigan 2017 - The HR Department of the New Millennium
HR Connections Michigan 2017 - 17
HR Connections Michigan 2017 - Index of Advertisers/
HR Connections Michigan 2017 - cover3
HR Connections Michigan 2017 - cover4