Throughout the U.S. and Michigan state, employment laws provide employees certain rights, including the right not be discriminated against and to be free from harassment. If any of your rights have been violated by your employer, we recommend contacting a lawyer to discuss your legal options.
I am very impressed with the efforts and success of this firm. I will continue to recommend this firm to others in need of legal advice and assistance.
The Traverse City employment attorneys at Jay Trucks & Associates offer a risk-free, no-obligation consultation to review your situation. This way there is no risk to you in contacting us. Our firm has been fighting for victim’s rights for over three decades, collecting millions in compensation for our clients.
Let us protect your best interests. There are no upfront fees for our services. We only get paid if we are successful in obtaining compensation for you through a settlement or verdict.
We are standing by to take your call. (800) 762-8623.
How Do I Know If I Have a Case?
Our legal team needs to learn more about what happened to see whether your rights were violated by your employer. There are several violations that could cause an employee to take legal action against his or her employer. These including the following:
- Failing to pay minimum wage
- Failing to pay overtime wages for hours worked or provide compensation for overtime hours
- Discrimination based on age, gender, religion, disability or marital status
- Racial discrimination during the hiring process or one’s employment
- Sexual harassment of any kind
- Firing a worker who declines to participate in unlawful activities
- Retaliating against an employer who blows the whistle on illegal activity
- Denying someone leave (paid, vacation, sick leave, etc.) under federal law
- Wrongfully terminating an employee
- Breaching the terms outlined in an employment contract
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Types of Exempt Employees in Michigan
In accordance with Michigan employment law, employers do not have to pay overtime or minimum wages to employees working in administrative, executive or professional positions if those positions fit certain criteria.
Administrative Employee Exemption
Administrative employees are exempt if they:
- Are paid no less than $684 every week
- Primary duty is the performance of office or non-manual labor directly connected to the management of business operations of the employer
- Primary duty is also exercising discretion and independent judgement on matters of significance
Executive Employee Exemption
An executive employee can be exempt from overtime requirement if he or she:
- Is paid no less than $684 every week
- Primary duty of managing the enterprise or a recognize department or subdivision of the enterprise
- Regularly direct the work of at least two or more full-time employees
- Authority to hire or fire employees or whose suggestions or recommendations have weight
Professional Employee Exemption
Learned professional employees are exempt if they:
- Are paid no less than $684 every week
- Primary duty is the performance of work that requires advanced knowledge that is mainly intellectual and that needs consistent discretion and judgment
- Advanced knowledge in the field of science or learning
- Advanced knowledge acquired through specialized intellectual instruction
For exemptions related to overtime and wages, Michigan employers must apply the appropriate federal or state law. On the federal level, this could include the Fair Labor Standards Act (FLSA).
Common Examples of Workplace Discrimination
Certain laws prohibit workplace discrimination. This includes Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, sex, religion and national origin.
Examples of this type of discrimination include the following:
- Firing or terminating an employee
- Failing to hire a qualified worker
- Failing to promote a worker
- Changing the terms or conditions in an employment contract
- Modifying wages or pay
- Denying an employee benefits
- Failure to provide reasonable accommodations for a disabled or religious employee
Another type of discrimination prohibited by the Act is sexual harassment. These claims typically fall into one of two categories: quid pro quo or hostile work environment.
- Quid pro quo – This takes place when an employer requires sex, sexual favors, or sexual contact from an employee/job candidate as a condition of his or her employment. If you have a case, our legal team is prepared conduct a detailed investigation to gather evidence of any verbal or physical conduct that you suffered that was sexual in nature.
- Hostile work environment – This happens when there is frequent or pervasive unwanted sexual comments, advances, requests, or other similar conduct. If you have experienced a hostile work environment that has impacted your ability to do your job, our legal team is ready to help.
Need legal help? Contact a Traverse City employment attorney from our firm to schedule a free consultation. (800) 762-8623.
Why Wage and Hour Disputes Happen
Michigan employment laws and the federal FLSA set the rules for minimum wage and overtime pay. The federal minimum wage is $7.25 per hour while Michigan’s current minimum wage is $9.65. No state minimum wage can be lower than the federal minimum wage, which means that non-exempt employees must be paid a minimum of $9.65 per hour.
If you work more than 40 hours per week, your employer must pay you overtime. Employers cannot average the number of hours worked over a two-week period to try and deny you overtime pay. For instance, if an employee works overtime hours for one week, but none the next week, he or she is still owed overtime for that initial week.
Applying Specific Employment Laws to Your Case
Employment laws can be complex. Reach out to Jay Trucks & Associates to get the answers you need. Our lawyers are well-versed in the following laws:
- Age Discrimination in Employment Act of 1967
- Americans with Disabilities Act of 1990
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Equal Pay Act of 1963
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Occupational Safety and Health Act (OSHA)
- Title VII of the Civil Rights Act of 1964
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
Are There Limits to What I Can Recover?
For unpaid wages claims filed under the FLSA, you may be able to pursue back pay as well as liquidated damages, lawyer fees and court costs.
For discrimination complaints filed with the EEOC, you may be eligible for earnings lost, lawyer fees, costs required to find a new job and future loss of wages if you were not able to return to your previous position. However, much of the compensation you could pursue is not necessarily monetary. This could include reinstatement to your previous position or obtaining a promotion you were denied.
The EEOC also places a limit on the amount of compensatory and punitive damages you can recover for employment discrimination. These limits vary based on the size of the employer:
- $50,000 limit for employers with 15-100 employees
- $100,000 limit for employers with 101-200 employees
- $200,00 limit for employers with 201-500 employees
- $300,000 limit for employers with over 500 employees
What You Can Do If Your Rights Were Violated
If your rights have been violated, it is important that you notify your employer as soon as possible. Discrimination or harassment should not be taken lightly. Both the EEOC and the Michigan Department of Civil Rights handle complaints of employment discrimination.
You have 180 calendar days from the date the discrimination took place to file a charge. This deadline can be extended to 300 calendar days if a local or state agency decides to enforce a local or state law prohibiting the same type of employment discrimination.
Our Traverse City employment lawyers are prepared to explain your legal rights. Should you have a case and decide to move forward, we are ready to guide you throughout the entire legal process.
Reach Out to a Traverse City Employment Lawyer to Get Started
Have you suffered discrimination or harassment in the workplace?
As an employee, you may be able to take legal action against your employer under federal or state law. You may be eligible to recover compensation for the damages you have suffered. Jay Trucks & Associates has been advocating for victim’s rights for more than 30 years and our attorneys have recovered more than $500 million in compensation on behalf of your clients.
Our consultations are completely free, confidential and come with no risk or obligations. We work on contingency, so there are no upfront fees. You only pay us if we help you obtain a recovery.
Jay Trucks & Associates. Ph: (800) 762-8623.