At Kerr Russell, we know that proactive, highly-skilled labor and employment counsel is crucial to building a productive working environment. More than ever, and especially in light of today’s tight labor markets, the ability to train, retain, and inspire quality employees and effectively deal with those who are not performing up to expectations is one of the key differences between successful and struggling organizations.
Kerr Russell represents employers across the full realm of labor, employment, employee benefits and human resources legal matters. We work with in-house counsel, human resources representatives and executives, to provide practical ideas and fresh alternatives to resolve labor and employment issues arising in the workplace. Our employee benefit attorneys provide comprehensive employee benefit and ERISA representation to public and privately held corporations, multi-employer pension plans and other entities.
Labor and Employment
Kerr Russell’s labor and employment attorneys work proactively with clients, before employee problems arise, in adopting policies which comply with employment laws and regulations. When employee problems do occur, our labor and employment attorneys help bring issues to quick resolution. When litigation or administrative actions are instituted, our attorneys provide aggressive, focused and efficient representation in state and federal courts, before administrative agencies and labor arbitrators.
Kerr Russell provides a broad range of services to employers in the following areas:
- Disability Leave Requests– advising employers on specific requirements under the Americans with Disabilities Act (ADA), and the Americans with Disabilities Act Amendments Act (ADAAA), including coverage issues, reasonable accommodation, undue hardship, and direct threat
- Medical Leaves of Absence – advising employers on Family Medical Leave Act (FMLA) coverage issues, employee leave requests, medical certifications, second opinions, intermittent leave requests and serious health conditions
- Wage Hour and Overtime Issues– advising employers on state and federal overtime requirements; various white collar, position-specific overtime exemptions; calculating overtime; calculating the regular rate, on-call time, travel time, breaks, meal periods, piece rate, child labor, commission pay, wage deductions, electronic deposit, prevailing wage issues; representation before the US Department of Labor and similar state administrative agencies
- Employment Litigation– representing employers in trials and appeals in federal and state court; lawsuits alleging discrimination in violation of age, race, sex, national origin, pregnancy anti-discrimination laws; claims of retaliation and harassment and Equal Pay Act (EPA) claims; claims brought under the FMLA and other state and federal employment anti-discrimination laws
- Affirmative Action – advising employers on specific requirements under Executive Order 11246 and the Office of Federal Contract Compliance (OFCCP) regulations, such as contractor responsibilities, subcontractor status, construction contractor obligations, affirmative action requirements and representation in OFCCP audits
- Personnel Policies and Handbooks – drafting, revising handbooks, policies and procedures related to employment; reviewing application procedures selection and testing procedures for legal compliance
- Harassment – advising employers on how to respond to complaints of unlawful harassment in the workplace; drafting anti-harassment policies; and conducting investigations
- Drug and Alcohol Policies – drafting drug testing and alcohol procedures in compliance with the laws of various states, DOT policies and testing procedures; and advising clients regarding medical marijuana laws and their effect on the workplace
- Reductions in Force and Downsizing – advising employers on reductions in force, reorganizations, downsizing, plan design, employee selections, Older Worker Benefit Act (OWBPA) compliance, voluntary severance incentives, waivers, releases, Worker Adjustment Restraining Notification Act (WARN) notices, and state plant closing requirements
- Employee Terminations – advising employers on risks associated with employee terminations, Equal Employment Opportunity (EEO) concerns, contractual concerns, and performance management practices and procedures
- Non-Compete and Trade Secrets –drafting policies, confidentiality agreements, non-solicitation and non-competition requirements during and after termination of employment, and filing Temporary Restraining Orders (TRO) to enforce and defend restrictive covenants
- Employee Violence – advising employers on how best to respond to potentially dangerous and violent employees; conducting investigations; obtaining Personal Protective Orders and assessing risks
- Record Keeping and Reports –advising employers on various state and federal record keeping requirements, wage records, personnel records, disciplinary records and employee self-identification reports
- Contracts and other Agreements – drafting and negotiating executive employment agreements, just cause contracts, at-will arrangements and independent contractor agreements
- Employee Privacy– advising employers on employee privacy issues such as computer and internet monitoring, locker searches, employee genetic information, and personal conduct
- Unemployment Compensation – assisting employers opposing entitlement to unemployment benefit appeals
- Workplace Litigation –representation of employers in wrongful discharge claims brought under express and implied employment contracts; public policy claims, whistleblower claims; lawsuits brought under the Fair Labor Standard Act (FLSA), state wage and fringe benefit law; and claims under sales representative commission acts, among others
- Administrative Complaints – representation of employers before the Equal Employment Opportunities Commission (EEOC), similar state fair employment and practice agencies, the US Department of Labor, similar state agencies, and the OFCCP in complaints of discrimination retaliation and harassment
- Union Organizing – advising employers on union avoidance tactics; representing employees before the National Labor Relations Board (NLRB) in election matters, bargaining unit clarification hearings, and in recognition and decertification matters
- Collective Bargaining – advising employers at the bargaining table; representing employers in union negotiations; and representation of multi-employer units
- Labor Litigation – representing employers in unfair labor practice charges, bargaining unit clarification, and other matters before the NLRB and the MERC; representing employers in suits for damages against labor unions in 301 actions; and filing for injunctive relief due to labor unrest
- Labor Arbitration –appearing at arbitration hearings regarding issues such as contract interpretation, discipline, discharge, and other labor arbitration matters which arise out of the interpretation and administration of collective bargaining units
- Work Stoppages – advising and counseling employers during lockouts, organizing drives regarding picketing, hand billing, bannering regarding private property rights; advising neutral employers subject to secondary boycotts; and setting up reserve gates at construction sites
Employee Benefits and ERISA
Kerr Russell’s employee benefit and ERISA attorneys advise clients on all aspects of employee benefit and ERISA law, including documentation, administration and litigation issues.
We provide the following services:
- Qualified Plans– design and drafting of ERISA qualified plans, including 401K plans, ESOPs, pension and profit sharing; amendment and restatement of plans to keep plans qualified; advice on plan terminations, mergers and plan freezes
- Distributions– provide advice on distributions under Internal Revenue Code Section 401(a)(9); advise clients on Qualified Domestic Relations Orders (QDROs)
- Non-Qualified Plans – design and draft non-qualified executive benefit, “top hat” and other deferred compensation plans; compliance with IRC 409A
- Welfare Benefit Plans– health and life insurance plan consultation; drafting Health and Welfare Plans, advising employers regarding medical, dental, life and other insurance plans and cafeteria/flexible benefit plans; advising clients with respect to the design and implementation of Health Savings Accounts and Health Reimbursement Arrangements
- Acquisitions – analysis of fringe benefit exposure in corporate acquisitions and divestitures
- Individual Counseling – advising clients regarding Roth IRAs and Roth 401ks; individual retirement counseling for individuals with high, qualified plan balances
- Multi-Employer– advising on multi-employer benefit plans; advice on withdrawal liability
- Severance – drafting ERISA Employee severance plans; reduction in force and WARN Act notices
- Charitable – charitable planning using qualified retirement assets
- Litigation –litigation of claims under ERISA, including claim disputes, fiduciary duty, plan compliance, and denial of benefits issues; litigation of ERISA preemption issues; defending employer termination and modification of post termination retirement benefits; litigation of benefit denials under ERISA
- Administrative Law – representation of employers and fiduciaries before the US Department of Labor and the Internal Revenue Service; Advice on ERISA prohibited transactions and available exemptions, plan asset issues, fiduciary standards and filing of Form 5500 and other filings and disclosures; Advice on regulatory compliance on laws governing benefit plans including HIPAA, COBRA, employee disclosure, medical and other benefit plans
OF NOTE
Attorneys

Robert S. Anderson
Member

Daniel J. Ferris
Member

Liam K. Healy
Member

Mark C. Knoth
Member

Lauri B. Stewart
Member

Olivia V. Hankinson
Associate
March 31, 2023
Are My Recruiting Strategies Damaging My Practice?
March 22, 2023
FTC Considers Banning Covenants Not to Compete
January 4, 2023
SECURE Act 2.0 Changes Retirement Plan Landscape for 2023 and Beyond
October 26, 2022
A Fair Warning: 401(k) Plan Sponsors May be Hard-Pressed to Defend Addition of Cryptocurrency Investment Option
August 19, 2022
IRS Pilot Program Provides 401(k) Plans Rare Pre-Audit Notice and Correction Window
January 13, 2022
Implementation of OSHA Private Employer Vaccine or Test Emergency Temporary Standard Stayed by U.S. Supreme Court
November 5, 2021
Is Your Facility Covered by OSHA's New ETS?
August 5, 2021
Are Masks Back?
June 22, 2021
Challenge to IRS Notice does not violate Anti-Injunction Act
June 22, 2021
Supreme Court Upholds Affordable Care Act
June 22, 2021
Employers Must Update 401(k) Documents for “Third” Cycle
May 25, 2021
MIOSHA Announces New Workplace Rules
May 14, 2021
Mask or No Mask? CDC’s New Mask Guidance
April 7, 2021
Latest COVID-19 Relief Includes COBRA Subsidy – Employer Action Required
January 27, 2021
Webinar: What Employers Should Know About the COVID-19 Vaccine
January 13, 2021
New COVID Act Includes Employee Benefit Changes
January 8, 2021
What Employers Should Know About COVID-19 Vaccine Policies
January 4, 2021
New Law Extends Paid Leave Tax Credits, Other Relief
December 3, 2020
Diversity and Inclusion: Sustaining Progress During a Pandemic
October 22, 2020
Virtual Event: Labor and employment law in Michigan: 2020 challenges and beyond
October 20, 2020
Webinar: COVID-19 and Reductions in the Workforce
October 6, 2020
“Now What?”: Supreme Court’s COVID-19 Executive Order Decision
September 28, 2020
COBRA Election Notices and Other Deadlines Remain Extended
September 21, 2020
Employment Policies on COVID-19 Vaccine Policies
September 4, 2020
Payroll Tax Deferral
August 18, 2020
Webinar: Employment-based Immigration Amid Our Current Climate
August 13, 2020
President Trump Issues Presidential Memorandum Authorizing Payroll Tax Deferral
July 30, 2020
401(k) Plans have until August 31 to Avoid Required Employer Contributions
June 29, 2020
Travel Recommendations for Summer 2020
June 3, 2020
Michigan Stay-At-Home Order Rescinded
May 27, 2020
Employee Benefits Webinar: CARES Act and Other COVID-19 Legislation
May 18, 2020
Opportunities and Obstacles for Contractors in a COVID-19 Economy
April 28, 2020
PPP Receives Additional Funding but Problems Persist
April 27, 2020
Michigan Extends Stay Home Requirement - Some Activities Allowed to Resume
April 13, 2020
Business Insights for Michigan's Stay at Home Order Extension
April 6, 2020
Unemployment Benefit Provision Under the CARES Act
April 1, 2020
Paid Leave Coverage Update
March 30, 2020
Emergency Orders Requiring COVID-19 Screenings and Social Distancing Plans
March 27, 2020
COVID-19 Employer Guidance: How to Navigate the Most Common Challenges
March 24, 2020
How the Stay Home, Stay Safe Order May Affect Your Business
March 18, 2020
Paid Leave under the Families First Coronavirus Response Act
March 18, 2020
Michigan Employment Security Act EO Amendment
March 17, 2020
Employer Obligations Arising from COVID-19 (Part 2)
March 16, 2020
COVID-19: Immigration Impact
March 16, 2020
Families First Coronavirus Response Act
March 16, 2020
COVID-19 Outbreak Prompts Flexibility in Unemployment Insurance Benefits
March 16, 2020
IRS Relaxes Health Plan Rules to Combat COVID 19
March 13, 2020
Executive Order 2020-5 and Private Employers
March 13, 2020
Responding to Employee Concerns About Coronavirus/COVID-19 (Part 1)
March 2, 2020
What Do Employers Need to Know About the SECURE Act?
January 16, 2020
Employers Sponsoring 401(k) Plans Must be Diligent with Plan Documents
January 16, 2020
IRS Allows Employer Debt as Tax-Deductible Pension Plan Contribution
January 15, 2020
The SECURE Act is effective January 1, 2020
November 15, 2019
Deadline Approaching for Commentary on DOL’s Proposed Rule to Amend Tip Regulations
October 22, 2019
Hardship Distributions from 401(k), 403(b) Plans Need Changes
October 3, 2019
Mark Knoth Explains the Department of Labor Revised Overtime Rule
September 4, 2019
Immigration Attorney, Kate McCarroll Featured in Lawyer Monthly
August 29, 2019
Marijuana in the Workplace and its Impact on Company Policies
August 21, 2019
Fairness in Employment Agreements in a Dental Practice
June 27, 2019
Royalty Income is Subject to Self-Employment Tax
June 11, 2019
Collective Bargaining and Employment Benefits
May 14, 2019
A Medical Marijuana Card Does Not Protect Employment
January 8, 2019
Michigan Paid Medical Leave Act Effective March 2019
November 16, 2018
Recreational Marijuana and the Michigan Workplace: New Considerations for Employers
August 7, 2018
Mark Knoth featured in Corp! Magazine article "Leaders Under Legal Scrutiny" (July/August 2018)
May 25, 2018
Supreme Court Holds Class and Collective Action Waivers are Enforceable
May 24, 2018
Michigan Civil Rights Commission Prohibits Discrimination Based on Gender Identity and Sexual Orientation
May 10, 2018
VIDEO: 5 in 15 - Immigration, Labor, & Employment Legal Trends: Sexual Harrassment, Transgender Employees, Employment Manuals (NLRB's Boeing Decision), Department of Homeland Security Oversight, Immigration Challenges
April 15, 2018
Katherine Cser, labor and employment, quoted in Hour Magazine article about the legal implications of wearing scents in the workplace
February 22, 2018
Katherine Cser contributes "Proposed Tip-Pooling Regulation: Impact on Restaurateurs” to American Bar Association Section of Litigation, Employment and Labor Relations Law
January 26, 2018
Download Kerr Russell's updated firm brochure and overview of services
January 15, 2018
Honoring the legacy of Reverend Martin Luther King, Jr.
November 2, 2017
Mark Knoth offers insight on "white collar" overtime exemption under Trump administration
October 5, 2017
Supreme Court to Consider FLSA Exemption for Automobile Dealerships’ Service Advisors
August 31, 2017
U.S. Office of Management and Budget initiates review and immediate stay of the government’s pay data collection process
August 15, 2017
Mark Knoth quoted in Bloomberg Law: Bureau of National Affairs article “Should Employers Cover Pot to Battle Opioid Addiction?” by Sean Forbes
November 19, 2016
"Federal District Judge Halts Implementation of New Overtime Rule" by Mark Knoth
October 26, 2016
"White House Issues Call to Action on Non-Compete Agreements" by Katherine F. Cser
October 24, 2016
"Federal Trade Commission Provides Antitrust Guidelines for Human Resource Professionals" by Katherine F. Cser
October 11, 2016
"Federal Trade Commission Provides Antitrust Guidelines for Human Resource Professionals" by Katherine F. Cser
March 25, 2015
Mark Knoth writes article "Supreme Court Signals Pregnant Employee Accommodation May Be Required"
November 3, 2022
Kerr Russell Ranked As U.S. News “Best Law Firm” 2023
August 18, 2022
Kerr Russell Attorneys Recognized by Best Lawyers in America© 2023 and Best Lawyers: Ones to Watch
January 3, 2022
Liam Healy Named Member at Kerr Russell
November 15, 2021
16 Kerr Russell Attorneys Recognized As DBusiness 2022 Top Lawyers
September 13, 2021
Upcoming Webinar - Return to Work: Laws Regarding Vaccines
August 19, 2021
Kerr Russell Attorneys Named to 2022 Best Lawyers® List
December 21, 2020
Upcoming Webinar: Can your company require the COVID-19 vaccine?
November 16, 2020
22 Kerr Russell Attorneys Recognized as DBusiness 2021 Top Lawyers
November 9, 2020
Kerr Russell Ranked As U.S. News “Best Law Firm”2021
September 10, 2020
Upcoming Webinar: COVID-19 and Reductions in Work Force
August 20, 2020
Kerr Russell Attorneys Recognized by Best Lawyers in America© 2021 and Best Lawyers: Ones to Watch
April 30, 2020
Webinar: Advice on Restarting Your Business
April 24, 2020
Upcoming Webinar on Employee Benefits Amid COVID-19
April 17, 2020
Kerr Russell Presents Webinars on COVID-19 Legal Topics for Physicians and Medical Practices
April 14, 2020
Kerr Russell's Support for Manufacturers Highlighted with Michigan Manufacturers Association
April 3, 2020
Webinar: What Does a Pandemic Mean for Your Business?
March 24, 2020
Kerr Russell Webinar on COVID-19 Guidance for Employers
March 17, 2020
Coronavirus/COVID-19 Business Continuity: A Message to Our Community, Clients and Friends
November 15, 2019
19 Kerr Russell Attorneys Recognized as DBusiness Top Lawyers for 2020
November 4, 2019
Kerr Russell Ranked as U.S. News “Best Law Firm”2020
October 30, 2019
Kerr Russell Attorneys Discuss Legal Issues for Nonprofits at MICPA Event
September 3, 2019
15 Kerr Russell Attorneys Recognized on the 2019 Michigan Super Lawyers List
August 22, 2019
Liam Healy Presents on Resolving the Tax and Health Insurance Conundrum for Small Business
August 15, 2019
15 Lawyers From Kerr Russell Are Recognized In The Best Lawyers In America© 2020
July 25, 2019
Kerr Russell Labor and Employment Attorney Presenting on Marijuana in the Workplace
April 3, 2019
Two Kerr-Russell Members name Top Women Lawyers By Super Lawyers
September 25, 2018
Sneak peek: Katherine Cser authors "Managing Talent in the Fluctuating Workforce" for Corp! Magazine
September 21, 2018
Kerr Russell sponsors, partners attend Metropolitan Detroit's Best and Brightest Companies to Work For 2018 event
September 20, 2018
Kiefer Foundation Awards $50,000 in Scholarships to Winners of Hands Free Driving Contest
September 5, 2018
Daniel Ferris serves as editor of "Damages and Remedies in Michigan" (4th edition) for Institute of Continuing Legal Education
September 5, 2018
Daniel Ferris serves as editor of "Damages and Remedies in Michigan" (4th edition) for Institute of Continuing Legal Education
August 22, 2018
Cross-industry panel addresses "Engaging the Experienced Workforce" at Kerr Russell/OESA hosted seminar
August 15, 2018
15 lawyers from Kerr Russell were recognized in The Best Lawyers in America© 2019
July 22, 2018
Automotive Hall of Fame Gala honors Steve Kiefer and Kiefer Foundation - Mark Knoth, Kiefer Foundation board member, attends
June 25, 2018
Kerr Russell featured as advertiser in Corp! Magazine's annual Human Resources Guide
May 17, 2018
Daniel Schulte, Patrick Haddad, Katherine Cser conduct "Ask the Experts" panel at Michigan State Medical Society's 7th Annual Spring Scientific Meeting
April 3, 2018
Jury in Eastern District of Michigan Awards Plaintiff $16.8 Million in Employment Lawsuit
March 27, 2018
View this important message from Mark Wahlberg and The Kiefer Foundation to #JustDrive and end distracted driving
March 12, 2018
Hour Magazine salutes "Michigan 2017 Super Lawyers: The Top Women," including Kerr Russell's Joanne Swanson, Katherine Cser, Anna Valk
March 7, 2018
ACG/TMA co-host “Women In Leadership,” a panel of leading Detroit-based female executives discussing opportunities and challenges for women; Kerr Russell a silver sponsor
February 20, 2018
Second session of 2018 Detroit Bar Association "Inn of Court" series is a capacity affair
February 14, 2018
Kerr Russell lunch and learn with Sterling Insurance Group
January 3, 2018
Kerr Russell highlighted in Best Lawyers - Business, Winter 2017 issue
December 18, 2017
Kerr Russell team makes holiday donations to Capuchin Soup Kitchen, Wigs 4 Kids, Ronald McDonald House Charities of Ann Arbor, and Children's Hospital of Michigan
December 12, 2017
Ann Arbor/Ypsilanti Regional Chamber focuses on "Conscious Capitalism" at December's Headline Lunch
December 4, 2017
Michigan Minimum Wage Increase to Take Effect on January 1, 2018
November 30, 2017
Merry and bright ... Kerr Russell welcomes the holiday season
November 16, 2017
Culture of Connection - new Kerr Russell ad to appear in Michigan Lawyers Weekly and dbusiness
November 4, 2017
Daniel Ferris appointed Chair of the Drafting Committee of the State Bar of Michigan Representative Assembly
November 3, 2017
Kerr Russell launches new advertising in upcoming issues of dbusiness and Crain's Detroit
November 3, 2017
Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees
November 1, 2017
Kerr Russell ranked in the 2018 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 1 practice area and regionally in 17 practice areas
October 30, 2017
California Joins List of States and Municipalities Banning Salary Inquiries
November 1, 2016