Home Page Hot Legal Issues Lawsuit: Michigan Employment Law
Michigan Labor and Employment Law
By Heidi Turner
Michigan labor law lawsuits allege violations of Michigan state labor laws including minimum wage and overtime pay violations. The rights of employees in Michigan are protected by a number of laws including Michigan Prevailing Wage laws, the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA). Possible violations of Michigan employment labor law can result in lawsuits being filed against the employer.
As of January 1, 2016, the Michigan minimum wage for employers who had at least two employees aged at least 16 years old is $8.50 per hour. Tipped employees must be at least 38 percent of the minimum hourly wage (in this case, $3.23 an hour) provided the tips plus hourly rate equal the minimum wage. As of October 1, 2006, minors aged 16 or 17 years old can be paid 85 percent of the minimum hourly wage rate. New employees aged 16 to 19 years old can receive a training wage of $4.25 for the first 90 days of their employment.
Michigan Minimum Wage and Overtime
Employees are entitled to one-and-one-half times their regular rate of pay for weeks in which they work in excess of 40 hours.
Michigan's Prevailing Wage law sets the wages required for state-financed or sponsored construction projects. The law requires that employees working on state-funded construction projects be paid wages comparable to those paid for similar work in the area the project is located. The wage is based on the rates contained in collectively bargained agreements that cover the locations of the state projects. The prevailing rates include wage and fringe benefit totals as well as overtime rates.
Michigan Prevailing Wage
Michigan is an "employment at will" state. As such, at-will employees can be terminated for any reason. The only exception is for employees who are covered by a contract that governs the terms of employment. Employees who are covered by an employment contract can only be terminated for the reasons set out in the contract. In Michigan, to overcome the presumption of at will employment the employee must show that the employer made unequivocal and clear statements of job security to the employee.
At Will Employment
The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. Michigan's laws also apply to employment subject to the FLSA. In cases where both the FLSA and state law apply, the law setting the higher standards must be observed.
The Fair Labor Standards Act (FLSA)
More information on how the Fair Labor Standards Act applies to overtime can be found here.
The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.
Family Medical Leave Act (FMLA)
Michigan employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.
Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.
The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.
Occupational Safety and Health Act (OSHA)
Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.
Michigan employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.
Michigan Employment Legal HelpIf you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
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I work at a Rehab facility in Walled lake. The employer will not pay the employees in form of time and a half. They only add additional hours to your pay check and will only do so you achieve 80 hours in our 2 week pay period. This facility does what they want and always reminds us that they have their own attorney to handle any mess that comes their way.
I worked for a company for 3 years, and by their employee handbook, I was eligible for 3 weeks vacation. When I left the company I had 3 years and 2 weeks in, but they will not give me the money earned because they say their unwritten policy is to only acknowledge earned vacation time at the end of the calendar year. They own me this money since their handbook states explicitly that you will earn that time with 3 years of full time employment. Can I get some help for this? There is another employee that hired in a week before I did and plans to leave in the next week after giving his 2 week notice (as I did), and they plan to not pay him as well. What can be done?
I worked in the Kalamazoo Health Dept and did food safety inspections. I was fired for no communicated reason. I did 7 hours overtime per week due to an extremely heavy assigned workload, with no compensation for the overtime. I worked 6-7 days a week. The medical coverage had a 3 month delay which was not communicated to me pre hire. I was not given any job description and was moved to a different job (no job description there either) Medical coverage when it started 3 months later was a joke. I was more than happy to leave (and move back to Fla.) when I was terminated 8 months later. I did report the overtime violation to the Grand Rapids branch and was told, 'well we don't bother the counties on that'. Why not? Its Federal Law and its Wage Theft. I do not recommend that anyone accept jobs in Michigan, its a hellhole.
I am a medical assistant that was hired into family practice facility. My only other experience in the health field has been in an ENT office. The family practice that I was hired into gives patients immunizations and was aware of my lack of knowledge in this area. We are an office of 50 employees,14 providers and 20 medical assistants. I had a 6 week training that focused primarily pulling patients back, acclimating me to the templates in the ehr system, and where to find the immunizations, the forms to document them on, and how to enter them in the system. Upon being assigned to work with a physician after my 6 weeks of training I was asked to give a series of immunizations to a patient that came in a verbal order and written down on paper. A double check sytem is used in our office and was used. Upon giving the immunizations it was brought to my attention by the physician that one of the immunizations that I was instructed to give was incorrect. I informed the supervisor of this and was given a verbal coaching. In this coaching it was explained to me that there should have been a MICR used (which it was) and that it should be checked against the immunization template in the chart. I expressed at that time that I was not fully trained on this and that this worried me. My supervisor stated that she was aware of my limited knowledge of administering immunizations. I then told her that my concerns also spilled over to other new employees who were on the floor and the lack of training they were receiving. I never received any additional training or offer to have any and was essentially told to be more careful. 6 months later a patient who receives routine injections came into the office but was scheduled for a different injection at this visit. Using the double check system with a co worker who has been in employed here for a few years longer than myself,it was confirmed via the schedule what the patient was in for. I called the pt back confirmed what was to be given, gave the injection, and the patient then asks if she is to be also given her routine injection and it becomes clear she was scheduled for the wrong injection. I informed my supervisor, was removed from giving injections, written up and told there was to be a standing order in the chart. However, I was never trained that patients are to have standing orders in their charts or even what those orders should pertain to and my double check partner was unaware of this as well. I was told by my boss that by my expressing this that I was not tsking full responsibility. It was also expressed that there are "unwritten rules" that are applied in our office that apparently I have not been made privy too that directly impacts my being able to successfully and safely perform my job. While I have not been fired, it has come to light that across the board, orders, rather immediate or standing are not being executed which causes the inconsistencies in training new employees, but also puts long standing employees at risk.
Suffered an illness that put me in the emergency room 2x in a week. I filed for FMLA so I wouldn't have to use my points. The human resource dept. told me not to miss any work until I was approved by FMLA, but FMLA denied me because they said I would have had to miss at least 4 days to be approved; this confused me a lot, now I have been fired because my employer pointed me out. I just don't feel this was fair, and would like to know if there is anything I can do. I loved my job and now I'm unemployed and struggling to find another job. It's hard to be hired when you have fired on you application from your last employer.
I've been training at this job for six days. They are requiring that I train for two more days before I can be put on the payroll. They are expecting me to train for free in the state of Michigan. Is this legal?
I live paycheck to paycheck. The 10 hours that I was shorted caused me great worry about how I am to buy things like diapers, gas for my vehicle, and basic household necessary items.
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