Labor, Employment, Employee Benefits and ERISA

Legal Services

Labor, Employment, Employee Benefits and ERISA

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 Requestsadvising 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
+Practicing Attorneys & Staff

Attorneys

Daniel J. Ferris
Daniel J. Ferris

Member

Mark C. Knoth
Mark C. Knoth

Member

Lauri B. Stewart
Lauri B. Stewart

Member

Liam K. Healy
Liam K. Healy

Of Counsel

Brandi M. Dobbs
Brandi M. Dobbs

Associate

Olivia V. Hankinson
Olivia V. Hankinson

Associate

+Related Insights

September 21, 2020

Employment Policies on COVID-19 Vaccine Policies

As clinical trials for a COVID-19 vaccine progress, many employers are asking whether they will be able to require their employees to be vaccinated as a condition of employment once a vaccine becomes available.

September 4, 2020

Payroll Tax Deferral

On August 8, 2020, President Trump issued a memorandum (the “Memorandum”) to defer the 6.2% employees’ portion of Social Security taxes from September 1, 2020 through December 31, 2020.

August 18, 2020

Webinar: Employment-based Immigration Amid Our Current Climate

Immigration attorney Kate McCarroll recently presented on employment-based immigration policies amid our current climate. The webinar hosted by Corp! Magazine can be heard HERE.

August 13, 2020

President Trump Issues Presidential Memorandum Authorizing Payroll Tax Deferral

On August 8, 2020 President Trump issued a Presidential Memorandum on deferring payroll tax.

July 30, 2020

401(k) Plans have until August 31 to Avoid Required Employer Contributions

Many 401(k) plans are “safe-harbor” plans, meaning that the plan sponsor employer commits to providing an annual match or 3% contribution for participants in exchange for avoiding annual non-discrimination testing and possible burdensome corrections.

June 29, 2020

Travel Recommendations for Summer 2020

Given that the previous few months have been filled with quarantine, shelter in place, and stay at home orders, the desire to travel over the upcoming summer months has perhaps never been greater. 

June 3, 2020

Michigan Stay-At-Home Order Rescinded

On June 1, 2020, Governor Whitmer issued Executive Order 2020-110 (“Order”). The Order is effective immediately with certain provisions effective on June 4 and June 8. The Order rescinds Executive Order 2020-92, the latest version of the stay safe, stay at home order.

May 27, 2020

Employee Benefits Webinar: CARES Act and Other COVID-19 Legislation

In case you missed it, here is another chance to watch a recent webinar on Employee Benefits Amid COVID-19, by Liam Healy hosted by Corp! Magazine.

May 18, 2020

Opportunities and Obstacles for Contractors in a COVID-19 Economy

Kerr Russell attorneys hosted a webinar for the Southeastern Michigan Chapter of the National Electricians Association (NECA).  

April 28, 2020

PPP Receives Additional Funding but Problems Persist

On April 24, 2020, the president signed into law the fourth in a series of bills to address the public health and economic crisis caused by COVID-19. The Paycheck Protection Program and Health Care Enhancement Act (PPPHCE Act) provides additional funding for the recently exhausted CARES Act Paycheck Protection Program.

April 27, 2020

Michigan Extends Stay Home Requirement - Some Activities Allowed to Resume

On April 24, 2020, Governor Whitmer issued Executive Order 2020-59 (“Order”). The Order is effective immediately with certain limited provisions effective on April 26. The Order continues through May 15, 2020 at 11:59 pm, unless modified. Executive Order 2020-60 was also issued and adds temporary safety measures for food-selling establishments and pharmacies

April 13, 2020

Business Insights for Michigan's Stay at Home Order Extension

On April 9, 2020, Governor Whitmer issued Executive Order 2020-42 (“Order”). The Order takes effect on that date at 11:59 pm and continues through April 30, 2020 at 11:59 pm, unless modified.

April 6, 2020

Unemployment Benefit Provision Under the CARES Act

Title II, Section A of the CARES Act modifies and expands unemployment benefits available in 2020 to provide relief to individuals who are affected by the COVID-19 epidemic.

April 1, 2020

Paid Leave Coverage Update

The US Department of Labor recently clarified that employees laid off or furloughed due to lack of work and “stay at home” orders are not entitled to receive paid leave benefits under the new Emergency Paid Leave Act or the Emergency Family Medical Leave Act Expansion.

March 30, 2020

Emergency Orders Requiring COVID-19 Screenings and Social Distancing Plans

Oakland, Washtenaw and Wayne Counties follow Governor Whitmer in issuing Emergency Orders requiring COVID-19 screenings. They also implement social distancing plans for essential business workers.

March 27, 2020

COVID-19 Employer Guidance: How to Navigate the Most Common Challenges

Kerr Russell attorneys and Qualified Staffing hosted a webinar discussing the impact of COVID-19 0n employers. The webinar, which can be heard HERE, focused on employment law policies directly relating to COVID-19.

March 24, 2020

How the Stay Home, Stay Safe Order May Affect Your Business

On March 23, 2020, Governor Whitmer issued Executive Order 2020-21 (“Order”). The Order took effect March 24, at 12:01 am and continues through April 13, 2020 at 11:59 pm. It requires residents to stay in their homes other than for exempted activities. These exemptions include work under very limited circumstances.

March 18, 2020

Paid Leave under the Families First Coronavirus Response Act

As previously discussed, the federal Family and Medical Leave Act (FMLA) provides up to twelve weeks unpaid leave in a twelve-month period and the guarantee of continued employment following leave. However, FMLA does not provide paid leave and Michigan currently has no paid leave statute.

March 18, 2020

Michigan Employment Security Act EO Amendment

First tangible benefit issued to employees in Michigan. Michigan's Governor expands entitlement of employees to collect unemployment benefits by suspending the Voluntary Leave disqualification provisions of the Unemployment Act and extending the period of benefit coverage.

March 17, 2020

Employer Obligations Arising from COVID-19 (Part 2)

As of March 17, 2020, Michigan has announced 54 presumptive positive cases of COVID-19. There are more than 30 test results pending, and almost 400 individuals are being monitored for assessment purposes.

March 16, 2020

COVID-19: Immigration Impact

The global impact of the COVID-19 pandemic has spread to the international movement of personnel, visa applications, and how immigration benefits are processed in the United States.  Below is a summary of some of these implications.

March 16, 2020

Families First Coronavirus Response Act

Affected Employers may qualify for certain benefits. On the morning of Saturday, March 14, 2020, the United States House of Representatives passed H.R. 6201: Families First Coronavirus Response Act, an emergency rescue package designed to respond to the economic impact of the coronavirus epidemic.

March 16, 2020

COVID-19 Outbreak Prompts Flexibility in Unemployment Insurance Benefits

The U.S. Department of Labor on Friday, March 12, 2020 issued a guideline outlining the potential ways that states can administer their unemployment insurance programs to provide the greatest assistance to those Americans who have been affected by the COVID-19 outbreak.

March 16, 2020

IRS Relaxes Health Plan Rules to Combat COVID 19

The IRS is taking steps to respond to the COVID 19 virus. Additional steps and guidance are expected.

March 13, 2020

Executive Order 2020-5 and Private Employers

On March 13, 2020, Governor Gretchen Whitmer executed Executive Order 2020-5. The Executive Order prohibits all assemblages within the state of Michigan of more than 250 people in a single shared space beginning on Friday, March 13 at 5:00pm and ending on Sunday, April 5 at 5:00pm. A “single shared space” includes but is not limited to a “room, hall, cafeteria, auditorium, theater, or gallery.” A willful violation of the Executive Order constitutes a misdemeanor under Michigan law.

March 13, 2020

Responding to Employee Concerns About Coronavirus/COVID-19 (Part 1)

On March 10, 2020 the Michigan Department of Health and Human Services announced the first positive tests for coronavirus disease 2019 (COVID-19) in the State of Michigan. Unfortunately, due to the contagious nature of COVID-19, it is likely that the virus will spread to others within the State and begin to affect Michigan workplaces.

March 2, 2020

What Do Employers Need to Know About the SECURE Act?

Kerr Russell attorney Liam K. Healy answers this question for DBusiness Magazine.

January 16, 2020

Employers Sponsoring 401(k) Plans Must be Diligent with Plan Documents

Labor and Employment attorney Liam Healy summarizes recent changes from the IRS. On December 13, 2019, the IRS Office of Chief Counsel issued a General Legal Advice Memorandum (“Memo”) stating the IRS’ position that employers sponsoring 401(k) plans must sign and keep plan documents or risk disqualification.

January 16, 2020

IRS Allows Employer Debt as Tax-Deductible Pension Plan Contribution

Attorney Liam Healy summarizes IRS rulings from late 2019. In a private letter ruling issued November 8, 2019, the IRS has allowed a company ("Employer") that is the sponsor of a defined benefit pension plan to contribute an employer promissory note as a tax-deductible contribution to the plan.

January 15, 2020

The SECURE Act is effective January 1, 2020

Attorney Liam Healy explains the details  of the “Setting Every Community Up for Retirement Enhancement Act of 2019” (SECURE Act). The SECURE Act was signed into law on December 20, 2019 and went into effect January 1, 2020. The Act makes significant changes to the rules relating to 401(k) plans and IRAs. 

November 15, 2019

Deadline Approaching for Commentary on DOL’s Proposed Rule to Amend Tip Regulations

Kerr Russell attorney Katherine Cser recently published an article about the changes to tip regulations. The full article can be accessed through the American Bar Association (ABA), Section of Litigation, Employment and Labor Relations Law.

October 22, 2019

Hardship Distributions from 401(k), 403(b) Plans Need Changes

Legal Alert 401(k) and 403(b) Retirement Plans that Allow for Hardship Distributions will need to be Amended for 2019 Final Regulations

October 3, 2019

Mark Knoth Explains the Department of Labor Revised Overtime Rule

Effective on January 1, 2020, U.S. companies will have to comply with the revised Federal overtime rule which is expected to increase the number of employees who are entitled to receive overtime pay.

September 4, 2019

Immigration Attorney, Kate McCarroll Featured in Lawyer Monthly

Immigration is an ongoing issue across the globe, especially in the US. Kate McCarroll discusses what companies need to consider if they are hiring foreign nationals and if there is need for reform in employment-based immigration law.

August 29, 2019

Marijuana in the Workplace and its Impact on Company Policies

In case you missed it, here is another chance to watch the Marijuana in the Workplace webinar by Mark Knoth hosted by Corp! Magazine.

August 21, 2019

Fairness in Employment Agreements in a Dental Practice

Health Care Attorney Daniel Schulte answers questions in the Journal of the Michigan Dental Association (August 2019) – Question:  The employment agreements I have been given do not seem fair. When I object, I am told things like “the associate before me signed it”, “it is a standard agreement” and “our attorney thinks it is reasonable”.  What provisions should I insist on to ensure basic fairness in my employment agreement without making myself look unreasonable?

June 27, 2019

Royalty Income is Subject to Self-Employment Tax

Tax Court Rules Royalty Income from Popular Author’s “Brand” is Subject to Self-Employment Tax

June 11, 2019

Collective Bargaining and Employment Benefits

Michigan Supreme Court Says Collective Bargaining Agreement Does Not Provide Lifetime Health Care Benefits to Macomb County Retirees.

May 14, 2019

A Medical Marijuana Card Does Not Protect Employment

Journal of the Michigan Dental Association (May 2019) Question: One of my employees recently tested positive for THC, indicating marijuana use. The drug screen was administered to this employee due to our employee manual provision requiring that employees submit to random drug screens. Our employee manual also provides that we have a zero-tolerance policy when it comes to the use of marijuana and other illegal drugs. I consider marijuana to be illegal despite what Michigan voters did last year, because marijuana is still illegal under federal law. When confronted with the test results, this employee showed me her medical marijuana card and said I couldn't terminate her. Is this true?

January 8, 2019

Michigan Paid Medical Leave Act Effective March 2019

Michigan’s paid sick-time measure, the Michigan Paid Medical Leave Act (the “Act”) will go into effect this March. The Act, signed by Governor Snyder on December 14, 2018, provides 40 hours annually of paid sick time to eligible employees who work for employers with 50 or more employees.

November 16, 2018

Recreational Marijuana and the Michigan Workplace: New Considerations for Employers

On Tuesday, November 6th, Michigan residents voted yes on Proposal 1, the “Michigan Regulation and Taxation of Marihuana Act,” which permits individuals over the age of 21 to possess up to 2.5 ounces of marijuana, among other things.*

August 7, 2018

Mark Knoth featured in Corp! Magazine article "Leaders Under Legal Scrutiny" (July/August 2018)

Mark Knoth, Kerr Russell member (labor and employment), is featured in the July/August Corp! Magazine article "Leaders Under Legal Scrutiny." Excerpt: "Knoth says there is a 50 to 55 percent chance that a sexual harassment case may be dismissed by a judge, but if it goes to trial, it can be very expensive for the company, both in terms of financial cost and bad publicity. Employee practices liability insurance may cover some costs. The increase in sexual harassment cases has legitimized the role of the human resource department and the importance of full background checks for prospective employees, Knoth notes."

May 25, 2018

Supreme Court Holds Class and Collective Action Waivers are Enforceable

On May 21, 2018, the Supreme Court issued its long-awaited decision addressing the enforceability of class or collective action waivers in employment arbitration agreements.

May 24, 2018

Michigan Civil Rights Commission Prohibits Discrimination Based on Gender Identity and Sexual Orientation

On May 21, 2018, the Michigan Civil Rights Commission (“MCRC”) voted that sex discrimination as addressed in the Elliott-Larsen Civil Rights Act (“ELCRA”) will include discrimination on the basis of 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

Kerr Russell attorneys Kate McCarroll and Katherine Cser discuss the top five issues today in immigration, labor and employment law.

April 15, 2018

Katherine Cser, labor and employment, quoted in Hour Magazine article about the legal implications of wearing scents in the workplace

From Hour Media: "Be Careful Before You Spritz Your Perfume – You Could Be Breaking the Law ... According to a local court ruling, overpowering fragrances are an infraction of the Americans with Disabilities Act" By Elizabeth Swanson // Illustration by Emily Flake - excerpt:

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

Katherine Cser, associate (labor and employment), contributed the article “Proposed Tip-Pooling Regulation: Impact on Restaurateurs” to the 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

Kerr Russell is proud of Detroit. We are proud to have had a seat at the table here since 1874. Our exceptional attorneys understand the unique challenges facing business leaders. Our legal solutions are prompt, accurate, economical, and focused around your needs in every area. We know Michigan business like the back of our hands.

January 15, 2018

Honoring the legacy of Reverend Martin Luther King, Jr.

On Martin Luther King, Jr. Day and every day, we at Kerr Russell honor Reverend King’s leadership and his legacy as well as the critical importance of diversity and opportunity in this great land of ours. Strength comes from difference; a multiplicity of voices brings positive change; understanding and inclusion inspire creativity and innovation.

November 2, 2017

Mark Knoth offers insight on "white collar" overtime exemption under Trump administration

In the latest issue of dbusiness, Mark Knoth, labor and employment partner, addresses the question: "What should businesses expect to happen with the 'white collar' overtime exemption under the Trump administration?" View the original post here.

October 5, 2017

Supreme Court to Consider FLSA Exemption for Automobile Dealerships’ Service Advisors

The Fair Labor Standards Act (“FLSA”) requires most employers to pay workers overtime for hours worked over 40 in any given week. However, the FLSA creates exceptions for workers in specific categories.

August 31, 2017

U.S. Office of Management and Budget initiates review and immediate stay of the government’s pay data collection process

In keeping with President Trump’s promise to cut regulations to promote business growth, on August 29, 2017, the Office of Information and Regulatory Affairs announced that the Office of Management and Budget was initiating a review and immediate stay of the government’s pay data collection process, specifically, the enforcement of an Obama-era rule which revised EEO-1 reports.

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

Mark Knoth is quoted in the Bloomberg Law: Bureau of National Affairs article “Should Employers Cover Pot to Battle Opioid Addiction?” by Sean Forbes. You can read the piece here.*

November 19, 2016

"Federal District Judge Halts Implementation of New Overtime Rule" by Mark Knoth

A nationwide preliminary injunction was issued on Tuesday, November 22, 2016, by Texas Federal District Court Judge Amos Mazzant preventing the implementation of a revised Department of Labor rule set to take effect on December 1, 2016.

October 26, 2016

"White House Issues Call to Action on Non-Compete Agreements" by Katherine F. Cser

On October 25, the White House issued a “call to action” on non-compete agreements.  After surveying the use of non-competes, the White House determined that many of these “agreements” are actually not the product of an agreement, with few workers seeking counsel or attempting to negotiate the terms before signing.

October 24, 2016

"Federal Trade Commission Provides Antitrust Guidelines for Human Resource Professionals" by Katherine F. Cser

On October 20, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued its “Antitrust Guidance for Human Resource Professionals” (“Guidance”) on the application of antitrust law to employment decisions.

October 11, 2016

"Federal Trade Commission Provides Antitrust Guidelines for Human Resource Professionals" by Katherine F. Cser

On October 20, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued its “Antitrust Guidance for Human Resource Professionals” (“Guidance”) on the application of antitrust law to employment decisions.  As “no-poaching” agreements or agreements to fix employees’ wages or benefits can impede competition, the Antitrust Division has advised that these types of agreements should be treated similarly to other conduct such as price fixing.

March 25, 2015

Mark Knoth writes article "Supreme Court Signals Pregnant Employee Accommodation May Be Required"

In a 6-3 decision issued today (3-23-2015), the US Supreme Court revived a pregnant United Parcel Service (“UPS”) employee’s pregnancy discrimination claim alleging that UPS failed to accommodate her work limitations while pregnant.
+Related News

September 10, 2020

Upcoming Webinar: COVID-19 and Reductions in Work Force

Labor attorney Mark Knoth will be presenting a webinar on Thursday, October 15, 2020 from noon-1:00 PM EDT hosted by Corp! Magazine. Mark will cover how the COVID-19 pandemic has impacted the staffing needs of businesses differently. 

August 20, 2020

Kerr Russell Attorneys Recognized by Best Lawyers in America© 2021 and Best Lawyers: Ones to Watch

Seventeen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2021. Notably, twelve of the named attorneys have been listed in The Best Lawyers in America for more than five years.

April 30, 2020

Webinar: Advice on Restarting Your Business

Kerr Russell attorney Olivia V. Hankinson will be presenting with Hylant and HAND Enterprise Solutions in this webinar hosted by the Detroit Chinese Business Association (DCBA). The webinar is scheduled for Thursday, May 7, 2020 at 1:30 PM EDT. Register HERE.

April 24, 2020

Upcoming Webinar on Employee Benefits Amid COVID-19

Employee Benefits attorney, Liam K. Healy will be presenting a webinar on May 14, 2020 from noon-1:00 PM EDT. The webinar hosted by Corp! Magazine and MichBusiness is on “Employee Benefits Update: CARES Act and Other COVID-19 Legislation.”

April 17, 2020

Kerr Russell Presents Webinars on COVID-19 Legal Topics for Physicians and Medical Practices

Coronavirus disease (COVID-19) has created a public health emergency resulting in the enactment of several laws, Executive Orders, notices and guidance at the federal, state and local levels.

April 14, 2020

Kerr Russell's Support for Manufacturers Highlighted with Michigan Manufacturers Association

Mark C. Knoth was interviewed by the Michigan Manufacturers Association (MMA). He discusses how Kerr Russell is well-suited for the manufacturing sector. The full article can be found on page 10 HERE.

April 3, 2020

Webinar: What Does a Pandemic Mean for Your Business?

Kerr Russell attorney Olivia V. Hankinson will be presenting with Hylant in this webinar hosted by the Detroit Chinese Business Association (DCBA). The webinar is scheduled for Tuesday, April 7, 2020 at 1:30 PM EDT. Register HERE.

March 24, 2020

Kerr Russell Webinar on COVID-19 Guidance for Employers

Join us for an exclusive discussion regarding the impact of COVID-19 on employers. The webinar is Thursday, March 26, 2020 at 2:00 pm EDT.

March 17, 2020

Coronavirus/COVID-19 Business Continuity:  A Message to Our Community, Clients and Friends

Kerr Russell is committed to its community, clients and people. As the world navigates through the impact of COVID-19 (coronavirus), we want to assure you that Kerr Russell is committed to supporting our community, clients and people as effectively as we have through every other crisis our Nation has encountered over our firm’s nearly 150-year history. Our firm is fully operational: We have made sure that our lawyers and staff are able to safely and effectively serve our clients’ needs and continue operations on an uninterrupted basis. Most of our people

November 15, 2019

19 Kerr Russell Attorneys Recognized as DBusiness Top Lawyers for 2020

A total of 19 lawyers from Kerr Russell are named as dBusiness Magazine 2020 Top Lawyers. The attorneys are selected through a peer review process.  dBusiness polled 19,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties.

November 4, 2019

Kerr Russell Ranked as U.S. News “Best Law Firm”2020

Kerr Russell is once again ranked as a "Best Law Firm" by U.S. News and Best Lawyers.  Firms included on the list are recognized for professional excellence with consistently impressive ratings from clients and peers.

October 30, 2019

Kerr Russell Attorneys Discuss Legal Issues for Nonprofits at MICPA Event

On October 28, 2019, employment and labor attorney Mark Knoth and tax attorney John Gatti participated in a panel for the Michigan Association of CPAs (MICPA).

September 3, 2019

15 Kerr Russell Attorneys Recognized on the 2019 Michigan Super Lawyers List

A total of 15 lawyers from Kerr Russell are named as Thomson Reuters, 2019 Michigan Super Lawyers. The award is given annually to attorneys who have attained a high degree of peer recognition and professional achievement.

August 22, 2019

Liam Healy Presents on Resolving the Tax and Health Insurance Conundrum for Small Business

Employee benefits attorney, Liam Healy, presented to the Michigan Association of CPAs, on tax and health insurance matters for small businesses.

August 15, 2019

15 Lawyers From Kerr Russell Are Recognized In The Best Lawyers In America© 2020

A total of 15 lawyers from Kerr Russell are named to the prestigious 2020 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”

July 25, 2019

Kerr Russell Labor and Employment Attorney Presenting on Marijuana in the Workplace

Labor and Employment attorney, Mark C. Knoth will be presenting a webinar through Corp! Magazine and MichBusiness on "When Marijuana is legal, does our workplace policy change?"

April 3, 2019

Two Kerr-Russell Members name Top Women Lawyers By Super Lawyers

Kerr Russell attorneys, Katherine Cser and Anna Valk were recently named Top Women Lawyers 2019 by Super Lawyers. Katherine received honors for Employment & Labor Law and Anna received honors for Real Estate Law. Super Lawyers awards attorneys for excellence in practice through a peer-influenced and third-party validated process.

September 25, 2018

Sneak peek: Katherine Cser authors "Managing Talent in the Fluctuating Workforce" for Corp! Magazine

In Dave Carvajal’s book Hire Smart from the Start, Carvajal warns about hiring clones: “People who share values such as authenticity, integrity, and ambition may have wildly different personalities….In the absence of a clearly defined culture, organizations may default to hiring people who seem [to reflect] their leaders and will never challenge their policies and strategies.”

September 21, 2018

Kerr Russell sponsors, partners attend Metropolitan Detroit's Best and Brightest Companies to Work For 2018 event

Kerr Russell was pleased to be a silver sponsor for today’s Corp! Magazine / The Best and Brightest Programs event held at the Detroit Marriott at the Renaissance Center, celebrating those who create innovative, engaging, inclusive work cultures. Attending on behalf of the firm: Kate McCarroll, member - immigration; Miroslava Orduno Rincon, member - immigration; and Roy Sexton, director of marketing.

September 20, 2018

Kiefer Foundation Awards $50,000 in Scholarships to Winners of Hands Free Driving Contest

The Kiefer Foundation announced the winners of its Hands Free Driving Contest, Wednesday, Sept. 19 in a press conference at Detroit Police Headquarters, awarding $50,000 worth of scholarships to five winners.

September 5, 2018

Daniel Ferris serves as editor of "Damages and Remedies in Michigan" (4th edition) for Institute of Continuing Legal Education

Kudos to Kerr Russell member Daniel Ferris who served as editor of the recently published Damages and Remedies in Michigan, a leading litigation treatise published by the Institute of Continuing Legal Education. Fellow editors included Barbara A. Patek, Mark Granzotto, and David H. Freedman. You can order the publication here- from the website:

September 5, 2018

Daniel Ferris serves as editor of "Damages and Remedies in Michigan" (4th edition) for Institute of Continuing Legal Education

Kudos to Kerr Russell member Daniel Ferris who served as editor of the recently published Damages and Remedies in Michigan, a leading litigation treatise published by the Institute of Continuing Legal Education. Fellow editors included Barbara A. Patek, Mark Granzotto, and David H. Freedman.

August 22, 2018

Cross-industry panel addresses "Engaging the Experienced Workforce" at Kerr Russell/OESA hosted seminar

Kerr Russell, in partnership with the Original Equipment Suppliers Association, hosted a half-day seminar "Engaging Experienced Employees" on August 22. Thank you to OESA's Ginger Juncker for her expert leadership and facilitation and to Drew Rhodes for creating this opportunity for Kerr Russell to support. 

August 15, 2018

15 lawyers from Kerr Russell were recognized in The Best Lawyers in America© 2019

A total of 15 lawyers from Kerr Russell have been named to the prestigious 2019 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”

July 22, 2018

Automotive Hall of Fame Gala honors Steve Kiefer and Kiefer Foundation - Mark Knoth, Kiefer Foundation board member, attends

On July 19, Kerr Russell member Mark Knoth attended The Automotive Hall of FameGala, where Steven Kiefer was honored for his groundbreaking work with The Kiefer Foundation to end distracted driving. Mark serves on the board of the Foundation. Fellow attendee Chrissie Wywrot of Chrissie Wywrot, Inc. shared this image and description on LinkedIn. With her permission, we are sharing here as well.

June 25, 2018

Kerr Russell featured as advertiser in Corp! Magazine's annual Human Resources Guide

Be on the lookout for Corp! Magazine's special edition "2018 Human Resource Guide." From the publisher: "In partnership with the Best & Brightest Companies to Work For, this issue focuses on best practices in the workplace.

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

Kerr Russell attorneys Daniel Schulte, Patrick Haddad, and Katherine Cser arrived bright and early for the “Ask the Experts" panel at Michigan State Medical Society's 7th Annual Spring Scientific Meeting in Dearborn on May 17. Discussing opioid legislation, professional liability insurance, electronic medical records, identifying and preventing workplace harassment, accessibility, patient/physician relationship, and other topics.

April 3, 2018

Jury in Eastern District of Michigan Awards Plaintiff $16.8 Million in Employment Lawsuit

On March 28, 2018, a federal jury in the Eastern District of Michigan reached a verdict in an employment lawsuit involving hostile work environment and retaliation claims on the basis of race and national origin.

March 29, 2018

Detroit Public Television's PBSNewsHour and Nightly Business Report to be sponsored by Kerr Russell

Kerr Russell is pleased to support Detroit Public Television, and, beginning April 2, the following spot will air during PBS NewsHour (weekdays, 6-7 pm) and the Nightly Business Report (weekdays, 7-7:30 pm). View the spot here.

March 27, 2018

View this important message from Mark Wahlberg and The Kiefer Foundation to #JustDrive and end distracted driving

Please take a moment to view this important video from Mark Wahlberg and The Kiefer Foundation. Kerr Russell supports ending distracted driving, and we encourage our clients and all businesses to implement policies and practices to end distracted driving. Kerr Russell member Mark Knoth serves on the board of the Kiefer Foundation. Thank you, Mark, for your leadership and support of this initiative.

March 12, 2018

Hour Magazine salutes "Michigan 2017 Super Lawyers: The Top Women," including Kerr Russell's Joanne Swanson, Katherine Cser, Anna Valk

The March 2018 Hour Magazine includes a special advertising section saluting "Michigan 2017 Super Lawyers: The Top Women." Kerr Russell honorees include: Joanne Geha Swanson, civil litigation defense - since 2006 Katherine Cser, employment and labor - since 2014 - also named to "Rising Stars" list Anna Valk, real estate - since 2016 (not listed in the magazine, but recognized by "Super Lawyers") 

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

On March 7 at The Townsend Hotel, the Association for Corporate Growth Detroit Women's Forum & Turnaround Management Association Detroit Network of Women hosted “Women In Leadership,” a panel of leading Detroit-based female executives discussing opportunities and challenges for women in this C-level role. Kerr Russell is a silver-level sponsor of TMA.

February 26, 2018

Kerr Russell's latest ad "Driven By Results" debuts in Crain's M&A, Biggest Deals issue this week

Kerr Russell's latest ad "Driven By Results" debuts in Crain's M&A, Biggest Deals issue this week. The ad emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We understand the region. We know what moves Michigan. We are committed to the community."

February 20, 2018

Second session of 2018 Detroit Bar Association "Inn of Court" series is a capacity affair

Standing room only for the February 20th Detroit Bar Association “Inn of Court” session as Team 1 made its presentation. Kerr Russell is pleased to host the series which runs monthly through May. Associates Katherine Cser and William Blasses are participants in the program.

February 14, 2018

Kerr Russell lunch and learn with Sterling Insurance Group

Kerr Russell hosted a lunch and learn on February 14 with Brandon Horrocks (certified risk architect), Joan Giffels, and team from Sterling Insurance Group. They facilitated a robust dialogue about assessing and mitigating client risk as well as rep and warranty issues.

January 15, 2018

Influencing the Legal Landscape - new Kerr Russell ad to appear in dbusiness

Kerr Russell introduces the third ad in the new "Est. in Detroit 1874" series: "Influencing the legal landscape." The piece emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We don't sit on the sidelines. We are active in industry groups and we're driving legislative change. We are leaders in the law."

January 3, 2018

Kerr Russell highlighted in Best Lawyers - Business, Winter 2017 issue

Look for Kerr Russell attorneys and advertising (pages 92-95) in the Best Lawyers - Business, Winter 2017 issue. Earlier in 2017, a number of Kerr Russell's attorneys and practice areas were honored with U.S. News and World Report Best Lawyers recognition.

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

One of our traditions here at Kerr Russell is to hold a holiday raffle to benefit three local charities as well as to conduct a toy drive for local children. This year's raffle (many of the beautiful and festive prizes picture here) raised a record total of $3,450 which will be divided equally among three organizations: Capuchin Soup Kitchen, Wigs 4 Kids of Michigan, Inc., and Ronald McDonald House Charities of Ann Arbor.

December 12, 2017

Ann Arbor/Ypsilanti Regional Chamber focuses on "Conscious Capitalism" at December's Headline Lunch

Ann Arbor / Ypsilanti Regional Chamber's Headline Lunch on December 12 focused on “Conscious Capitalism.” Pictured Chamber President and CEO Diane Keller, Executive Vice President and Director of Government Relations and Washtenaw County Commissioner Andy LaBarre, Thrive Founding Partner Nathan Havey, and BIGGBY COFFEE's Laura Eich.

December 4, 2017

Michigan Minimum Wage Increase to Take Effect on January 1, 2018

Effective January 1, 2018, Michigan’s minimum wage will increase from $8.90 per hour to $9.25 per hour. This is a scheduled increase mandated by the Workforce Opportunity Wage Act, Public Act 138 of 2014.

November 30, 2017

Merry and bright ... Kerr Russell welcomes the holiday season

It's a time to celebrate, reflect and remember. However you mark the holidays, we hope your days are filled with warmth and thankfulness, good times, and endless cheer. As another year draws to a close, we at Kerr Russell are grateful to you. You give purpose to our work and add meaning to our relationships. Your trust is a cherished gift. Enjoy these images as we get our offices ready to celebrate the holiday season. Design by Mandy Lark of Lark Interior Design.

November 16, 2017

Culture of Connection - new Kerr Russell ad to appear in Michigan Lawyers Weekly and dbusiness

Kerr Russell introduces the second ad in the new "Est. in Detroit 1874" series: "A culture of connection." The piece emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We are relationship focused. We know our people and our clients are the lifeblood of our firm."

November 8, 2017

Kerr Russell hosts Inforum's Downtown Detroit Luncheon Affinity Group to capacity crowd on November 8

Kerr Russell hosted the November meeting of Inforum Michigan's Downtown Detroit affinity group on November 8. Companies represented included Blue Cross Blue Shield of Michigan, Atlas Advisors, The Children’s Center, Community Foundation of Southeast Michigan, Michigan Office for New Americas, General Motors, Nachi Robotic Systems, FranNet of Michigan, Iannuzzi Manetta and Company, Presbysterian Villages of Michigan, HAP, and AXA Advisors.

November 4, 2017

Daniel Ferris appointed Chair of the Drafting Committee of the State Bar of Michigan Representative Assembly

Daniel J. Ferris, member, has been appointed Chair of the Drafting Committee of the State Bar of Michigan Representative Assembly. In 1971, the State Bar Board of Commissioners requested the Supreme Court create a "representative assembly".

November 3, 2017

Kerr Russell launches new advertising in upcoming issues of dbusiness and Crain's Detroit

With this month's issue of dbusiness, focused on Top Lawyers in Metro Detroit, Kerr Russell launches its new brand advertising with "A Track Record of Results." Working with Identity Public Relations and Marketing, Kerr Russell's marketing team developed the creative to emphasize the firm's longstanding place in Detroit's legal and business history.

November 3, 2017

Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees

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

U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the "Best Law Firms" rankings.

October 30, 2017

California Joins List of States and Municipalities Banning Salary Inquiries

Starting on January 1, 2018 employers with operations in California will no longer be able to seek or rely on salary information. Governor Brown recently signed Assembly Bill 168, which adds Section 432.3 to the California Labor Code.

October 12, 2017

dBusiness' coverage of "30 in Their Thirties" - Kerr Russell attorneys featured in photo gallery

From dBusiness: "On Oct. 10, dBusiness magazine hosted a breakfast to honor the 2017 Class of 30 in Their Thirties at the Gem Theatre in downtown Detroit. The keynote speaker was Tony Michaels, president and CEO of The Parade Co. in Detroit, who addressed the business side of planning and operating America’s Thanksgiving Parade Presented by Art Van as well as the Ford Fireworks and other family-orientated events."

November 1, 2016

Kerr Russell Attorneys Named 2016 Super Lawyers

Kerr Russell attorneys have been named SuperLawyers for 2016, two have been named to the Michigan Top 100 and four have been named as Rising Stars.