Southfield Employment Law Attorneys

Our Employment Law Attorneys Fight for Michigan Workers

Southfield is bustling with businesses and home to thousands of employees, all of whom have certain rights under state and federal law. These rights include the right to be paid fairly for their work, the right to be free from discrimination, and the right to point out dangerous issues and bring claims without fear of retaliation from employers or co-workers.

Employment laws help keep Michigan workers safe and protect their legal rights. If you’re facing issues at work and suspect a violation of wage and hour or workplace safety laws, contact an experienced Southfield employment law attorney today at Sommers Schwartz, P.C.

Common Types of Employment Law Violations

Both federal and Michigan state laws cover a wide range of employment-related topics. Because employment law claims can differ widely, it’s essential to recognize that your claim won’t look exactly like anyone else’s, even if you both faced a similar issue. An experienced Southfield employment law attorney can advise and guide your claim.

Wage and Hour Claims

Wage and hour violations are the most common employment law violations in the United States. Wage theft is the most common and expensive form of theft nationwide each year, dwarfing other types of theft like burglary or shoplifting.

Examples of these violations include:

• Misclassifying workers as “exempt” salaried employees to deny them overtime pay wrongfully.
• Improperly withholding portions of an employee’s wages or deducting items that cannot legally be deducted.
• Withholding employee wages so that the employee is receiving less than minimum wage.
• Failing to meet state and federal requirements for paying overtime.
• Misclassifying workers as independent contractors instead of employees.
• Requiring workers to clock out during breaks but continue to work.
• Requiring workers to perform job duties before or after they clock in or out.

Pay, hours, and overtime are rarely transparent topics in the workplace. It can be challenging to figure out how an employer underpays its employees. Talk to an experienced Southfield employment lawyer if you suspect a wage, hour, or overtime violation.

Employee Misclassification

Employee misclassification is increasingly common in the gig work economy. Misclassification is one way employers avoid paying the total compensation they owe employees under federal law. It occurs when an employer improperly classifies a worker as an “independent contractor” rather than an employee.

Classifying workers as independent contractors has several benefits for employers. Employers are not responsible for the same payroll taxes for independent contractors as they are for employees; instead, that tax burden shifts to the worker. Employers are also not responsible for providing healthcare, retirement benefits, and workers’ compensation coverage for independent contractors.

Employers are not allowed to choose how they classify workers; these classifications are governed by state and federal law. While there are few bright-line rules, a worker is generally considered an employee if:

• The employer dictates where, when, and how the worker does their job.
• The employer provides the tools and equipment used to do the job.
• The employer controls how the worker uses their time and does their job.
• The work done is “a key aspect of the business,” as defined by the Internal Revenue Service.

By contrast, workers are more likely to be correctly classified as independent contractors if they provide all their tools and equipment, manage their own time, and are responsible only for delivering a finished product, such as a completed report or piece of software, that is not essential to the employer’s core business.

Some cases of worker misclassification are innocent oversights, while others are deliberate attempts to avoid meeting employers’ obligations to their employees. However, both situations may provide the basis for a wage and hour claim. An attorney can help you determine what is occurring in your situation and how to pursue the compensation you deserve.

Employment Discrimination

Illegal discrimination occurs when an employer acts against an employee because that employee is a member of a protected group. Under federal and state law, protected characteristics include age, sex, gender, religion, race, ethnicity, national origin, disability, veteran status, and pregnancy status.

Discrimination can take many forms. There are many ways an employer can take negative actions toward an employee, and there are many protected categories. A few illustrative examples of illegal discrimination at work include:

• An employee with a consistent attendance record asks for time off for a religious observance, only to find their hours cut because “we can’t trust you to show up when everyone else does.”
• An employee using a wheelchair never receives overtime work because their supervisor believes “they just can’t handle it in their condition,” even though they consistently do their job as competently as co-workers who don’t use wheelchairs.
• An employee is denied a promotion after becoming pregnant. When she asks what happened, her boss says, “You’re going to be too busy with the baby.”
• When comparing notes about annual raises, workers of color realize they consistently get smaller raises than their white co-workers, no matter how well or poorly each worker did on a yearly performance review.
• A company regularly turns down qualified applicants from India or Pakistan because a new manager doesn’t want to work with “people from over there.”

All discrimination claims share the same basic pattern: An employee is treated unfairly because they are in a protected category, not because of their job performance.

Harassment claims are also a form of discrimination claim. Harassment occurs when a worker is treated poorly, picked on, insulted, bullied, or otherwise disparaged because of their membership in a protected group.

Retaliation and Whistleblower Claims

Many Michigan employees feel confident their employer is acting illegally but say nothing. They remain silent because they fear losing their jobs or being mistreated if they report their concerns.

Both Michigan and federal law prohibit employers from retaliating against employees who file employment law claims, participate in employment law investigations, or “blow the whistle” on illegal workplace actions, such as harassment or violating safety laws.

Retaliation can take many forms. Examples of prohibited retaliation include:

• Firing an employee for filing a legal claim, filing an internal complaint, or asking about a business’s complaint procedures.
• Demoting or refusing to promote a whistleblower.
• Withholding or docking a worker’s pay, benefits, or bonuses.
• Transferring a worker to less desirable shifts, schedules, or locations.
• Harassing employees who file claims or blow the whistle.
• Treating whistleblowers in other unfavorable ways.

Employees who face retaliation after bringing a claim may have separate claims for the original issue and retaliation. An attorney can help you fight for compensation for both.

Other Types of Employment Law Claims

Wage and hour disputes, misclassification, discrimination, and retaliation are the most common types of employment law claims. However, they aren’t the only ways an employer can violate state or federal law to harm an employee. Other types of employment law claims include issues with:

• Improper tax withholding.
• Separation agreements.
• Intellectual property management, including patent and copyright ownership.
• Non-compete, non-solicitation, and non-disclosure agreements.
• Executive employment agreements.
• Equity acquisitions.
• Award and compensation plans.

Effectively handling these claims can improve the strength of the entire organization. An experienced Southfield employment law attorney can provide the insightful legal advice a business needs to create a robust and secure foundation for executive leadership and decision-making. An employment lawyer can also help employees negotiate disagreements and prevent litigation.

Steps To Take if You’re Facing an Employment Law Issue

If you’re facing an employment law situation, you likely have many questions. You can take steps to protect your rights and collect evidence so you can respond appropriately.

If you suspect your employer is breaking the law:

• Check your employee handbook for any written policies and procedures for reporting discrimination or other wrongdoing, and follow these steps. Even if you think the situation is hopeless, following these procedures demonstrates that you tried to take a rational approach before filing a legal claim.
• Document everything. Keep copies of all related paperwork, your employee handbook, and all other employment documents. If you file a written complaint, keep a copy of that complaint and all responses from your employer. If your employer speaks to you in person, make notes of the date, time, what was said, and by whom.
• Be mindful of the time. Michigan law limits the time workers have to file an employment law claim. Most claims must be filed within three years of the date of the violation.
• Talk to an attorney. An attorney can help you understand how the time limits apply and begin any necessary legal process.

Talk to an Experienced Southfield Employment Law Attorney Today

You may hesitate to act even if you’re sure your employer is breaking the law. You may fear losing your job, ruining your reputation, undermining your career, or being blackballed from your industry. You may be concerned about how to protect yourself while pursuing legal claims.

Many Michigan workers have the same concerns when facing employment law violations. At Sommers Schwartz, P.C., our employment law team is dedicated to helping our clients resolve these concerns. We’ll answer your questions and guide you through each step of the process. Contact us today to schedule a free, confidential case consultation with one of our experienced Southfield employment law attorneys.