NachtLaw, P.C.

Congratulations to our Super Lawyers and Rising Stars Honorees of 2024. Super Lawyers, which is a Thomson Reuters business, is a rating service that recognizes outstanding lawyers who have achieved a high degree of peer recognition and professional achievement. Only 5% of the total lawyers in the state are selected for inclusion in Super Lawyers and no more than 2.5% are named to the Rising Stars list! Join us in celebrating their remarkable achievements and dedication to serving our clients and communities.

Your employer has no right to treat you adversely because of your pregnancy. The Pregnancy Discrimination Act (PDA) eliminates pregnancy-based discrimination. The Pregnancy Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant employees with limitations related to their pregnancy, childbirth, or related medical conditions, unless it causes undue hardship to the business. So if you feel you are being discriminated against or not receiving "reasonable accommodations", contact NachtLaw to discuss your claim. The attorneys at NachtLaw are experienced at bringing claims before the Equal Employment Opportunity Commission (EEOC) and the Michigan Department of Civil Rights, and filing a lawsuit in state or federal court as necessary to enforce your civil rights. Learn more: https://lnkd.in/gZrBps2u #pregnancy #discrimination #PWFA #PDA #workplace #employment

As David Nacht predicted in an interview on Fox News Detroit the day the FTC issued its rule banning noncompetes, a federal judge, Hon. Ada Brown (ND Texas) issued a preliminary injunction throwing out the rule, July 3, 2024. While this is only the first stage of the litigation, the opinion is consistent with the approach we can expect the US Supreme Court to take. Nacht does not expect the ban on noncompetes to survive, and early pronouncements of the death of noncompetes by the FTC and some commentators were premature and wrong. Noncompetes affect 20 -30 million American workers. They prevent people from leaving jobs and going to competitors for a period of time. The Federal Trade Commission took the position that (1) it had the authority to ban them and (2) it needed to do so because noncompetes were an “unfair” practice in the economy. The US Supreme Court has taken a consistent position in the last few years striking down federal regulations that affect large sectors of the economy without explicit direction by Congress. For instance, during the COVID crisis, the US Department of Labor required employees of federal contractors to get vaccinated. The Supreme Court held the Department lacked the authority to affect so many employees and companies without Congress passing a law and struck down the regulation. Precisely because noncompetes are so commonplace and their impact is so huge will be the reason why the US Supreme Court will ultimately decide that the FTC lacks the authority to regulate them. Nacht is not commenting on the wisdom of the public policy by the FTC– only on the legal authority of the FTC to do what it did. Careful readers of US Supreme Court opinions are not surprised by recent decisions attracting front-page news. They are consistent with the judicial philosophy of the men and women appointed to the bench. Too many commentators substitute their philosophy of what they want the law to be with what the federal judges want the law to be. Judges have the power to decide what is lawful: regulators, professors, and commentators do not.

As David Nacht predicted in an interview on Fox News Detroit the day the FTC issued its rule banning noncompetes, a federal judge, Hon. Ada Brown (ND Texas) issued a preliminary injunction throwing out the rule, July 3, 2024. While this is only the first stage of the litigation, the opinion is consistent with the approach we can expect the US Supreme Court to take. Nacht does not expect the ban on noncompetes to survive, and early pronouncements of the death of noncompetes by the FTC and some commentators were premature and wrong. Noncompetes affect 20 -30 million American workers. They prevent people from leaving jobs and going to competitors for a period of time. The Federal Trade Commission took the position that (1) it had the authority to ban them and (2) it needed to do so because noncompetes were an “unfair” practice in the economy. The US Supreme Court has taken a consistent position in the last few years striking down federal regulations that affect large sectors of the economy without explicit direction by Congress. For instance, during the COVID crisis, the US Department of Labor required employees of federal contractors to get vaccinated. The Supreme Court held the Department lacked the authority to affect so many employees and companies without Congress passing a law and struck down the regulation. Precisely because noncompetes are so commonplace and their impact is so huge will be the reason why the US Supreme Court will ultimately decide that the FTC lacks the authority to regulate them. Nacht is not commenting on the wisdom of the public policy by the FTC– only on the legal authority of the FTC to do what it did. Careful readers of US Supreme Court opinions are not surprised by recent decisions attracting front-page news. They are consistent with the judicial philosophy of the men and women appointed to the bench. Too many commentators substitute their philosophy of what they want the law to be with what the federal judges want the law to be. Judges have the power to decide what is lawful: regulators, professors, and commentators do not.

Are you classified correctly in your employment role? On January 10, 2024, the Department of Labor (DOL) published a final rule, effective March 11, 2024, revising how workers are classified as employees or independent contractors under the Fair Labor Standards Act (FLSA). This is important because employees receive minimum wage and overtime protections, while independent contractors generally don’t. Learn more: https://lnkd.in/gzsCBGEr

New overtime rules that go into effect July 1, 2024. https://lnkd.in/eeSwGDxa

What to do if you are falsely arrested. A false arrest, also called a wrongful arrest, happens when you’re taken into custody by law enforcement without legal justification. This can be due to mistaken identity, lack of probable cause, or even police misconduct. Learn more: https://lnkd.in/gezGSdxT #falsearrest #criminalcharges #criminaldefense #lawyer

Are you being shorted on your paycheck? Get paid what you're owed. NachtLaw, P.C., specializes in wage theft cases. We fight to ensure workers receive fair compensation. For more information or to set up an appointment with one of our lawyers, please contact us at 888-312-7173. Learn more https://lnkd.in/g7Hm8qyx #wages #salaries #wagetheft #employmentlaw #lawyersforemployees #lawyer #employmentlawyer

Can I sue my employer? When an employee is wrongfully terminated, harassed or discriminated against, they often have legal options for holding their employer accountable. An experienced lawyer can often help an individual seek compensation for illegal mistreatment in the workplace. Learn more: https://lnkd.in/gRT_4vkX #sueemployer #employmentlaw #attorney #lawyersforemployees #justice #legaladvice