Labor and Employment

Overview

“ They are amazing: they are our one-stop shop for employment matters ”

Chambers USA 2018

Honigman's Labor and Employment department is recognized for its breadth of capability, level of responsiveness, and ability to appreciate and meet client objectives. Serving both U.S. and foreign clients, we provide comprehensive counseling, strategic planning, and litigation services to a wide variety of industries.

We focus on gaining a clear understanding of the full context of each client’s situation and then on developing strategies to protect their interests and meet their business goals. We are proud to say that many of our clients are rated as among the best places to work in the country.

Our emphasis is on helping clients avoid and reduce exposure to employment claims. We function as full-service human resources counselors, assisting clients with federal, state, and labor law local compliance issues. We also provide workplace training on employment law, audit existing employment practices, and help clients to establish operations and good practices across the country during expansions. We regularly counsel clients on traditional labor issues as well, including union avoidance and collective bargaining agreements.

Beyond day-to-day counseling, we are known for our expertise advising clients on transactions of varying levels of complexity. We review deal agreements and diligence and help clients analyze and price employment law risks. We also negotiate executive and officer employment agreements and incentive arrangements, help transition key executive relationships, and assist with post-closing employee onboarding issues.

If litigation arises, we aggressively defend our clients in courts throughout the country, and we regularly achieve significant victories in doing so. We represent employers in noncompete and trade secrets disputes; class actions and collective actions under the Fair Labor Standards Act; and other discrimination, harassment, and retaliation lawsuits. We have successfully represented clients regarding a broad spectrum of federal, state, and local employment claims.

News & Resources

News

  • Jack Vrett featured in article for joining the firm
    (November 20, 2019)
     
  • Sean Crotty is quoted in SHRM article “Title VII Bars Sexual Orientation Discrimination, 2nd Circuit Decides"
    (February 27, 2018)
     
  • Matthew S. Disbrow is quoted in the SHRM article “Contractor rules expand employer risks”
    (January 22, 2018)
     
  • Tara E. Mahoney quoted in Law 360 article "4 Tips for Conducting Effective Workplace Investigations"
    (November 29, 2017)
     
  • Christopher R. Kazanowski is quoted in the SHRM article, "OSHA Further Delays Anti-Retaliation Enforcement, Issues Guidance"
    (October 26, 2016)
     
  • Christopher R. Kazanowski is quoted in the SHRM article, “OSHA Delays Controversial Anti-Retaliation Enforcement”
    (July 26, 2016)
     
  • Christopher R. Kazanowski is quoted in the Business Insurance article "Ruling may trigger more overtime suits"
    (April 10, 2016)
     
  • Christopher R. Kazanowski is quoted in the Business Insurance article "'Donning and doffing' ruling in Tyson Foods case could spark litigation trend"
    (March 29, 2016)
     
  • Stanley H. Pitts is quoted in the Human Resources Executive Online article “Fighting the Backlash”
    (March 22, 2016)
     
  • Tara E. Mahoney is mentioned as counsel to the American Civil Liberties Union in the Law360 article “6th Circ. Says Michigan Jail Must Deliver ACLU’s Mail”
    (August 12, 2015)
     
  • Sean Crotty is quoted in the Inside Counsel article “Netflix announces generous new leave policy for new parents”
    (August 6, 2015)
     
  • Karen R. Pifer and Stanley H. Pitts are featured in the DBusiness article “Honigman Elects Partners to Board of Directors”
    (August 5, 2015)
     
  • Matthew S. Disbrow is quoted in the Business Insurance article “Contractor rules expand employer risks”
    (August 2, 2015)
     
  • Matthew S. Disbrow is quoted in the Inside Counsel article “New guidance about independent contractor vs. employee classification called ‘subjective’”
    (July 17, 2015)
     
  • Matthew S. Disbrow is quoted in the Society for Human Resource Management article “DOL Narrows Independent Contractor Classification”
    (July 16, 2015)
     
  • Matthew S. Disbrow is quoted in the Business Insurance article “Labor department guidance on independent contractors raises concerns”
    (July 16, 2015)
     
  • Stanley H. Pitts is quoted in the Michigan Lawyers Weekly article “Back Talk: Telling boss to stop harassment is Title VII protected activity”
    (May 11, 2015)
     
  • Matthew S. Disbrow is quoted and mentioned as counsel to Jimmy John’s franchisee JS Fort Group in the Huffington Post article “Jimmy John’s ‘Oppressive’ Noncompete Agreement Survives Court Challenge”
    (April 10, 2015)
     
  • Christopher E. Tracy’s appointment to the Big Brothers Big Sisters board of directors is mentioned in the Detroit News section “Business leaders in the news”
    (March 15, 2015)
     
  • Sean F. Crotty is quoted in the Crain’s Detroit Business article “30 years later, a noncompete ruling has been forged into law”
    (March 15, 2015)
     
  • Tara E. Mahoney is quoted in the Michigan Lawyers Weekly article “Getting to know you: How firms handle the on-campus interview”
    (October 27, 2014)
     
  • Crain's Detroit Business/Honigman Survey Results: "What biz thinks: Execs favor right-to-work state, Snyder-backed bridge"
    (February 27, 2012)
     
  • Seventy-eight Honigman attorneys mentioned in The Detroit Legal News for their honors by Best Lawyers
    (August 24, 2010)
     
  • Stanley Pitts’ appointment to chair of the State Bar of Michigan’s Professional Ethics Committee highlighted in The Detroit Legal News, The Macomb County Legal News, and The Oakland County Legal News
    (July 22, 2010)
     
  • Honigman’s honors by Chambers USA: America's Leading Lawyers for Business highlighted in Detroit Legal News
    (July 1, 2010)
     
  • Detroit Legal News announces Honigman's No. 1 ranking in Chambers USA: America's Leading Lawyers for Business 2009
    (June 24 & 29 Editions)
     
  • Honigman Partner Stanley Pitts pictured with the newly elected officers of the D. Augustus Straker Bar Association in the Detroit Legal News
    (May 29, 2009)
     
  • Honigman's Stanley Pitts quoted in the Crain's Detroit Business article "Labor law changes look likely"
    (January 12, 2009)
     
  • Russell S. Linden quoted in "Match Penalty - Labor Experts Look At Where NHL Talks Went Offsides," Crain's Detroit Business, February 21-27, 2005
    (February 21, 2005)
     

Press Releases

Events

  • The New FLSA White-Collar Exemptions, Honigman Miller Schwartz and Cohn LLP, Webinar
    June 2, 2016
  • ADA, FMLA, and Worker's Compensation Seminar, Sterling Education Services, Inc., Troy, MI
    March 3, 2016
  • Is Working Remotely More Than a Remote Possibility Under the ADA?, An Employee’s Physical Presence at Work as an Essential Function and Telecommuting as a Reasonable Accommodation Under the ADA, Honigman Labor and Employment Department, Webinar
    May 15, 2014
  • Keeping Your Business Ahead of the Digital Media Curve: Reducing legal risk in today’s social, mobile and emerging media, Honigman Miller Schwartz and Cohn LLP, Detroit, MI
    April 11, 2013
  • What’s New With The EEOC?, Northwest Human Resources Council
    January 2013
  • Medical Marijuana, Michigan Rural Development Council, Annual Meeting, Mount Pleasant, MI
    October 2012
  • Ins and Outs of EEOC Discrimination Charges, American Association of School Personnel Administrators
    October 2012
  • Ethical Lessons from a Famous Whistleblower Case, Thomas Cooley Law School, Auburn Hills, MI
    June 28, 2012
  • Ins and Outs of EEOC Discrimination Charges, Illinois Association of School Personnel Administrators
    June 2012
  • Essential Functions, Qualification Standards, and Production Standards, U.S. Equal Employment Opportunity Commission Training Institute: Reasonable Accommodation and the ADA, Detroit, MI
    June 2012
  • Medical Marijuana: What It Means to Affordable Housing Landlords, Michigan Housing Development Authority, Building Michigan Communities Conference, Lansing, MI
    April 23, 2012
  • Special Day Behind the Scenes - A Litigator’s Perspective, Federal Bar Association Eastern District of Michigan Diversity Committee
    March 2012
  • Medical Residents, Students and Faculty: ADA Accommodation Issues and Challenges, American Health Lawyers Association, Washington, D.C.
    January 2012
  • Ins and Outs of EEOC Discrimination Charges, Illinois Association of School Personnel Administrators
    June 2011
  • ADAA Regulations Update, Webinar, Honigman Miller Schwartz and Cohn
    May 4, 2011
  • What You Need to Know: A Labor and Employment Legislative Update, Bloomberg BNA, Webinar
    February 2010
  • The New Amendments and ADA Compliance, Maryland Association of Affirmative Action Officers
    September 2009
  • What the New Administration and Congress Mean for Labor Relations: Preparing for the Employee Free Choice Act (EFCA) and the New NLRB, Webinar, Honigman's Labor and Employment Department
    February 19, 2009
  • The New FMLA Regulations - Best Practices to Ensure FMLA Compliance, Labor & Employment Webinar, Honigman Miller Schwartz and Cohn LLP, Detroit, MI
    January 2009
  • Sexual Harassment in the Workplace, Michigan Public Employee Labor Relations Association Annual Conference
  • Understanding the Attorney Discipline Process, Bingham Office Center, D. Augustus Straker Bar Association
    November 19, 2008
  • The ADA Amendments Act of 2008 – Important New Changes to the Federal Disability Law That Employers Need to Know, Honigman Labor & Employment Department, Webinar
    November 2008
  • Honigman Hosts Seminar on Latest Developments in Labor and Employment Law
    April 8, 2008
  • Workplace Health and Safety Issues, Honigman Miller Schwartz and Cohn Seminar
    April 2008
  • Reductions in Force, Michigan Public Employee Labor Relations Association Annual Conference
  • The Latest Developments in Labor and Employment Law Seminar
    November 6, 2007
  • Workplace Privacy: Monitoring Your Employees, Honigman Labor & Employment Seminar, Troy, MI
    November 2007
  • Opportunities Within the Legal Profession, The Black Undergraduate Law Association, University of Michigan, Membership Meeting, Ann Arbor, MI
    November 2007
  • The Employment Rights of Handicapped Workers, Michigan Public Employee Labor Relations Association Annual Conference
  • Minimum Wage and Overtime Update, Employment Law Seminar, Honigman Miller Schwartz and Cohn LLP
    September 2006
  • FMLA Update, Honigman Miller Schwartz and Cohn Seminar
    2004
  • Fair Labor Standards Act Update: The Fair Pay Rules, Employment Law Seminar, Honigman Miller Schwartz and Cohn LLP
    October 2004
  • EEO/EEOC Update, Council on Education in Management
    2004
  • Legal Update/Defense Bar Perspective, EEOC Technical Assistance Program Seminar
    2002 and 2004

Publications

  • Could Your Employee Participation Program Be Illegal?
    (June 9, 2016)
     
    Society for Human Resource Management
  • Supreme Court: Representative Evidence Can Prove Classwide Liability for Wage-And-Hour Violations
    (April 2016)
     
    Westlaw Journal Employment, Vol. 30, Issue 19
  • Social Media Do's and Don'ts: Without guidelines, employers can get into trouble in a hurry
    (June 2015)
     
    Chicago Lawyer Magazine
  • 6th Circ. Is Making Sure Misclassification Goes To Trial
    (April 23, 2015)
     
    Law360
  • Monkeys and Elephants and Koalas, Oh My! Is Originality Still the Touchstone of Authorship in United States Copyright Law?
    (2015)
     
    97 Journal of the Patent & Trademark Office Society 736
  • Protecting Your Business from Disloyal Employees
    (December 2014)
     
    National Law Review
  • Vacation Policy Pitfalls for Illinois Employers
    (November 2014)
     
    National Law Review
  • Don't Let Texting Destroy Your Company: Marketing and the Telephone Consumer Protection Act
    (October 2014)
     
    National Law Review
  • Employment Claims in Release Agreements: Michigan
    (March 31, 2013)
     
    Practical Law Company
  • 2013 Midwinter Treatise Supplement: The Fair Labor Standards Act
    (February 2013)
     
    American Bar Association Section of Labor and Employment Law Fair Labor Standards Act Subcommittee
  • Ethical Duties and Standards in Disqualifying, Retaining, and Communicating with Expert Witnesses
    (2013)
     
    ABA's The Brief (Vol. 43, 2013)
  • Congress mulls bill to increase financial adviser oversight
    (January 2, 2013)
     
    The Daily Journal
  • Background Check Laws: Michigan
    (August 15, 2012)
     
    Practical Law Company
  • Financial advisors potentially subject to greater oversight
    (August 15, 2012)
     
    BenefitsPro
  • Independent Contractors: Michigan
    (July 11, 2012)
     
    Practical Law Company
  • Hiring Requirements: Michigan
    (March 28, 2012)
     
    Practical Law Company
  • 2012 Midwinter Treatise Supplement: The Family and Medical Leave Act
    (February 2012)
     
    American Bar Association Section of Labor and Employment Law Fair Labor Standards Act Subcommittee
  • Amending the EEOC’s Disability Discrimination Regulations to Protect Employees with Post-Traumatic Stress Disorder
    (2012)
     
    80 Geo. Wash. L. Rev. 1546
  • Wage and Hour Laws: Michigan
    (September 2011)
     
  • Leave Laws: Michigan
    (September 2011)
     
    Practical Law Company
  • Trade Secret Laws: Michigan
    (September 2011)
     
    Practical Law Company
  • Managing the Relationship
    (April 2009)
     
    CPA Insider
  • Michigan Judge’s Guide to the Servicemembers Civil Relief Act
    (2009)
     
    Service to Soldiers: Legal Assistance Referral Program, Thomas M. Cooley Law School’s Center for Ethics, Service, and Professionalism
  • Violations of Freedom of the Press in Cuba: 1952-1969
    (2006)
     
    Cuba in Transition 2006, 16th Annual Meeting of the Association for the Study of the Cuban Economy
  • Summary of Elezovic v. Ford Motor Co.
    (June 6, 2005)
     
  • Federal Credit Reform Act Summary
    (May 27, 2005)
     
  • Summary of the Social Security Number Privacy Act
    (May 13, 2005)
     
  • Fair Labor Standards Act Update: The Fair Pay Rules
    (December 1, 2004)
     
  • Military Leaves of Absence
    (December 1, 2004)
     
  • Frequently Asked Questions About the FMLA
    (December 1, 2004)
     
  • U.S. DEPARTMENT OF LABOR ANNOUNCES NEW OVERTIME REGULATIONS
    (April 28, 2004)
     
  • Union Perspective of Drug Testing of Public Employees
    (1988)
     
    The Journal of Law and Education

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