Issue #7
December 21, 2012

Happy Holidays!  

This Briefing addresses the recently passed "Right To Work" Act in Michigan, pending internet legislation of importance to employers, John Hubbard's admission to the Florida Bar and some recent recognition earned by our attorneys.  All of us at HSP wish you and your family all the best in 2013! Cheers!

Hubbard Snitchler & Parzianello PLC
Michigan Becomes A Right to Work State

On December 11, 2012, Michigan passed new legislation to become the 24th "Right To Work" State.  The essential part of the new law prohibits employees from being required to join or financially support a union.  The Act will take effect on April 1, 2013, but will not affect existing contracts. Once existing contracts expire, employees will not be required to pay union dues.

>Click for full text of the Act 

While employers are generally prohibited from denying a non-union employee a job based solely on union status, employers with collective bargaining agreements should consult with counsel regarding other questions which will necessarily arise as current contracts expire.
Legislation Would Prohibit Employers From Accessing Personal Internet Accounts of Employees or Applicants

Proposed Michigan legislation would impose criminal and civil penalties on employers for requesting an employee or job applicant to permit access to that person's personal internet accounts such as on Facebook or Twitter.

The bill would create the "Internet Privacy Protection Act"  and has been sent to Governor Rick Snyder for signature.  The law would also prohibit an employer from taking adverse action against an employee or applicant for failing to allow the employer to access or observe the person's personal internet account.

A violation of the law would be a misdemeanor punishable by a maximum fine of $1,000.  An employee or applicant could also file suit and recover up to $1,000 in damages plus reasonable attorney fees.
Certain actions, including the viewing of publicly available information, would remain permissible. However, untrained interviewers could unknowingly subject themselves and their employer to liability.  If signed, the Act would take immediate effect.  We will monitor the progress of this legislation and provide an update in our next Briefing.
Hubbard Admitted to Florida Bar

In a November 9, 2012, ceremony administered by Collier County Circuit Judge Vincent Murphy, John Hubbard was admitted to the Florida Bar.
 John becomes the third HSP attorney to be admitted to practice in the State of Florida joining Mark Snitchler and Eric Parzianello.

From its Naples office, HSP plans to continue to serve its Michigan clients with Florida business and property interests and accept referrals from Michigan professionals whose clients may need Florida counsel.
HSP Attorneys Earn Recognition
HSP attorneys were recently honored as leaders in their field.  Super Lawyers Magazine recognized John Hubbard and Eric Parzianello as among the Top Attorneys in Michigan in 2012 and named Gavin Fleming a Rising Star in the profession. Hubbard was also named a Top Lawyer by dBusiness Magazine. 

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