In Michigan and across the country, employees are protected by laws prohibiting acts of discrimination or sexual harassment, wage violations, retaliation against whistleblowers and denying leave for family or medical reasons.
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If any of your rights as an employee were infringed or denied, our Flint employment attorneys are prepared to help you hold your employer financially accountable. At Jay Trucks and Associates, we have been advocating for Michigan residents for decades. During that time, we have successfully recovered millions on behalf of these victims.
Learn whether you may have grounds to pursue compensation from your employer in the completely free and confidential consultation we offer. You can also use this time to ask us questions about what you may expect from this type of claim.
Ready to find out if you may have a case? Our firm is ready to take your call 24/7. Ph: (800) 762-8623
Free Consultation. No Upfront Fees.
Do I Have a Case Against My Employer?
In Michigan, as in other states throughout the U.S., employment law covers a variety of complex legal issues and disputes that happen in the workplace.
Before we can determine if you may have a valid employee rights case, we need to first understand more about the type of violation that occurred, as well as any factors that may have contributed to your situation.
We strongly recommend that you carefully date and document as many details as possible about this matter and seek legal help with one of our reputable Flint employment lawyers. There is no risk because your initial consultation is completely free and confidential.
Complete our Case Evaluation form today.
Laws That Protect Workers
There are multiple federal laws that are designed to protect employees from discrimination, wage disputes and a number of other common workplace issues, including:
Title VII of the Civil Rights Act of 1964
This law is intended to protect workers against acts of discrimination in the workplace based on race, religion, sex (orientation or gender) or national origin, such as:
These decisions become acts of discrimination if an employer does them based on age, sex, race or any other characteristic of discrimination:
- Terminating an employee
- Not offering employment to an individual
- Denying a deserved promotion
- Changing a salary offer
- Modifying the terms or conditions for employment
- Using language that is discriminatory when advertising job opportunities
- Denying benefits to some employees only
- Not making reasonable accommodations for employees with differing religious beliefs
Another type of workplace discrimination prohibited under the Title VII of the Civil Rights Act is sexual harassment. This is type of discrimination generally falls under one of two categories:
- Quid pro quo – This is typically when a person in a position of power, such as a manager or employer, creates an expectation (either explicitly or implicitly) that to keep your job or get promoted, you must do something (inappropriate) in return, such as submit to a demand for sexual favors.
- Hostile work environment – Also a form of discrimination, a hostile work environment may include sexual harassment, but happens when any employee is subjected to degrading comments or other forms of harassment based on their sex, nationality, sexual orientation, genetic information, race, color, disability or age.
Victims of discrimination are often intimidated into remaining silent, but if you have a valid claim, we are committed to helping you hold the at-fault party responsible.
Fair Labor Standards Act (FLSA)
This law establishes the federal hourly wage minimum and required rate of overtime pay for nonexempt employees. States may have higher minimum wages than the federal one and employees are required to defer to the more beneficial rate of pay for the employee.
Minimum Wage Requirements
Employers must pay non-exempt workers at least the current minimum hourly wage. However, many employers ignore this law and continue to pay their employees below that rate.
Overtime must be paid to employees who work more than 40 hours in a week, in accordance with the FLSA and Michigan Compiled Laws Section 408.414a. Employers are prohibited from averaging the number of hours worked over two weeks to attempt to deny overtime. If you worked overtime hours one week and none the next, you would still be owed overtime for that first week.
Family and Medical Leave Act (FMLA)
This law defines different types of job-protected leave. The law enables eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family or medical reasons, such as:
- Providing spousal care due to illness or other complications
- Caring for a child or dependent parent suffering from a serious medical condition
- The birth of a child
- Obtaining treatment or care while suffering from a serious health condition that prevents you from working
Uniformed Services Employment and Reemployment Rights Act (USERRA)
This law gives service members the right to be reemployed in their civilian job if they leave to perform uniformed service.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Employees who suffer an involuntary job loss, reduced hours or who are transitioning to another job are given the opportunity to continue receiving group health benefits for a limited period of time.
Equal Pay Act of 1963
A law that requires men and women to receive equal pay for the same work, with certain exceptions.
Americans with Disabilities Act (ADA)
This law requires employers to provide reasonable accommodation for disabilities.
Are There Any Employee Exemptions To The FLSA Law?
The FLSA does not require employers to meet the minimum wage requirements or pay overtime compensation to workers whose jobs fit certain criteria, including certain executive, administrative or professional employees with certain salaries, job responsibilities, continuing education, as set by the U.S. Department of Labor.
When applying federal or state wage or overtime exemption laws to workers, employers are required to apply whichever law is most beneficial to an employee.
Additional exemptions under the FLSA apply to these and other types of workers:
- Police officers
- Emergency medical technicians
- Fire fighters
- Park rangers
- Correction officers
- Hazardous materials workers
Our Flint employment attorneys are available to discuss your potential claim in a free and confidential consultation. There is no obligation and no risk to you if you meet with us.
Learn more about your legal options today: (800) 762-8623
What Can You Do If Your Employment Rights Are Violated?
There are some important first steps you can take after any type of employment rights violation to help create an official record of the incident:
- Carefully date and document any incidents
- Note details about conversations and how you addressed the problem
- Follow your employee handbook for reporting an incident
- Attempt to resolve through proper channels at work
- If any physical assault occurs, you should contact the authorities at 9-1-1 immediately
Our firm is available to take your call 24/7: (800) 762-8623
Important Filing Steps and Deadlines
If you have experienced an act of discrimination at work and you have unsuccessfully attempted to resolve it according to your employer’s handbook or policy, then we recommend that you contact an attorney immediately for legal help.
Deadline for Filing a Claim
In Michigan, discrimination and harassment complaints are handled through the Department of Civil Rights and the Equal Employment Opportunity Commission (EEOC). You have just 180 days from the date of the incident to file a claim, so it is important that you contact an attorney immediately if your intent is to file a complaint.
The FLSA handles all complaints for minimum wage disputes and overtime issues, and you must file your complaint within two years from the date of the incident. In situations where multiple or willful violations have occurred, you may be granted up to an extra year beyond the filing deadline. However, it is best to speak to an attorney to clarify what deadline may apply in your situation.
To better assist you, your attorney will need you to provide additional information, which could include the type of work you do, your income and when you are paid.
At Jay Trucks and Associates, we are prepared to help you pursue your employment rights claim against your employer if we find that you have a valid case.
Contact our firm to learn how we may be able to help: (800) 762-8623
Compensation for Employment Law Violations
Compensation for employment law violations is not always financial. You may be able to seek reinstatement to a job, or a promotion you did not receive because you would not submit to sexual harassment. There are also different forms of financial compensation that may be available:
- Wages lost due to discrimination
- Attorney fees
- Expenses related to a new job search
- Reimbursement of benefits lost, such as commissions or bonuses, vacation time, retirement benefits and future lost income
For those who pursue a complaint for unpaid wages through the FLSA, there are some instances where liquidated damages may be awarded. This is in addition to compensation for court costs, attorney fees and unpaid wages. Liquidated damages are usually equal to the amount of a victim’s unpaid wages.
Caps on Damages
There are caps on the amount of compensatory and punitive damages that may be recovered in employment claims, according to federal law. Currently, these maximum allowed limits are for employers with:
- 15-100 employed workers: $50,000
- 101-200 employed workers: $100,000
- 201-500 employed workers: $200,000
- Over 500 employed workers: $300,000
Contact One of Our Flint Employment Lawyers Today
When workers suffer acts of discrimination, sexual harassment or wage infringements or other employment rights violations in a professional environment, they may feel like they have no options to protect themselves or their job.
At Jay Trucks and Associates, we have been advocating for residents in Michigan, and we are committed to helping victims hold their employers financially accountable for these and other violations.
We provide a free, confidential legal consultation so we can assess whether you may have a valid case. It is also an opportunity to ask your questions about employment rights claims. There is no financial risk, because you pay us no money up front for us to represent you. We do not get paid our fees unless we first achieve a successful verdict or settlement on your behalf.
No upfront fees: (800) 762-8623