Detroit Employment Law Violation Attorneys for Paralegals

Paralegals play an essential role in helping law firms and corporate legal departments operate smoothly. The same laws that protect other employees also protect paralegals when they witness or are victims of workplace wrongdoing.

Contact the employment law attorneys at Sommers Schwartz if you’re a paralegal who has experienced harassment, wage theft, retaliation, or other workplace issues. Our team of Michigan employment law professionals uses their knowledge and skills to help our clients get the results they deserve.

Wage and Hour Violations

Legal matters don’t always respect the traditional 9 to 5 workday. Paralegals often work long or irregular hours to complete essential tasks before a court date or other critical deadline. They may travel out of state or away from the office overnight. Working evenings and weekends is common.

Federal law requires all non-exempt workers to be paid overtime (at 1.5 times their normal hourly rate) for all hours over 40 worked each week. Since many paralegals receive a weekly salary rather than an hourly wage, they or their employer may assume they are exempt from overtime requirements.

This is not always the case. While a paralegal may meet the minimum pay requirements to be exempt, they must also meet the other qualifying factors. If their work requires independent judgment or discretion, this weighs in favor of an exemption. However, they may not be exempt if they don’t supervise others, don’t perform administrative tasks, and don’t meet the “learned professional” exemption requirements. If they are not exempt, they may qualify for overtime and have a claim for unpaid wages.

Discrimination and Harassment

Discrimination or harassment may happen to anyone in any employment setting. When a paralegal faces discrimination for a protected characteristic, sexual harassment, or other unacceptable workplace conduct, the situation becomes a legal issue.

Under federal law, an employer may not discriminate against an employee based on:

• Race, color, or national origin.
• Religion.
• Sex, pregnancy status, sexual orientation, or gender identity.
• Age (40 or older).
• Disability or genetic information, including family medical history.

Answering the question “What counts as discrimination?” can sometimes be challenging. In others, the answer may be straightforward. If you suspect discrimination or face workplace harassment, an experienced employment law attorney can help.

FMLA Violations

The Family and Medical Leave Act (FMLA) protects certain employees who need to take time off work for their own or a family member’s medical needs. FMLA provides up to 12 weeks of unpaid leave to any employee who:

• Has worked for their employer for at least 12 months.
• Has logged at least 1,250 hours over the past 12 months.
• Works at a location where the employer has 50 or more employees within 75 miles.

FMLA applies to all public agencies, public and private elementary schools, and private companies with 50 or more employees. An employee covered by FMLA may use FMLA leave to:

• Address pregnancy complications, give birth, or care for a newborn child.
• Manage the adoption or foster care placement of a child in the employee’s household.
• Care for a spouse, child, or parent with a serious health condition.
• Take medical leave if they cannot work because of a serious health condition.

FMLA leave violations take many forms. An employer may refuse to acknowledge FMLA leave and incorrectly argue that an employee is not eligible. An employer may lose paperwork or incorrectly calculate FMLA leave days to the employer’s benefit. An experienced lawyer can help determine if a violation has occurred and, if so, what the employee should receive.

Whistleblower Retaliation

Paralegals handle a great deal of information about their employers and the employer’s clients. Occasionally, paralegals uncover evidence of wrongdoing by their employers. Sometimes, a paralegal may even be asked to participate in wrongdoing. For instance, a paralegal may be encouraged or instructed to destroy evidence.

A “whistleblower” is a person who chooses to report illegal conduct, or a suspected violation of law, rather than agreeing to hide or participate in it. Whistleblower laws protect employees who bring illegal behavior to light. Employers also may not fire an employee for participating in an investigation of potentially unlawful conduct, even if they are not the person who originally blew the whistle.

Employee Misclassification

The gig economy has shifted relationships between workers and the firms they work for. Many paralegals are classified as independent contractors rather than employees. Because employees receive protections independent contractors do not, a paralegal needs to ensure their classification is correct.

Currently, there is no bright line rule for determining whether a worker is an employee or a contractor. Instead, courts weigh several factors, such as the worker’s control over how, where, and when they do their work. Your classification thus depends on the details of your work arrangement. An experienced employment law attorney can help you determine whether you are classified correctly or missing out on the benefits you deserve.

Contact Sommers Schwartz, P.C. Today To Discuss Paralegal Employment Law Violations

Paralegals are an essential part of the legal profession. They work hard to provide the best research, writing, and legal assistance, often with minimal recognition or reward. When an employment law violation threatens a paralegal’s livelihood, career opportunities, and professional reputation, the situation can feel even more unfair.

If you’re a paralegal with an employment law issue, the experienced attorneys at Sommers Schwartz can help. We’ll dig into the details of your case and fight for the results you deserve. Contact us today to learn more.