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November 2015 Archives

Michigan employee rights when a portion of wages come from tips

The minimum wage law in Michigan and whether or not workers are receiving what they are supposed to can be difficult to understand if a portion of the workers' pay is based on tips. The Workforce Opportunity Wage Act gives employers the right to consider tips as part of an employee's wages if the situation calls for it. This is applicable if the employee regularly and customarily is accorded tips. It is important to know the conditions for when it is allowable for an employer to take a tip credit based on the minimum wage.

What is "disparate impact" under employment law?

Workers in Michigan are afforded certain rights under state and federal law. These laws are in place to provide protection when seeking a job, when employed, and if they are terminated. An example of a law protecting employee rights that many workers are unaware of refers to disparate impact. According to Title VII of the Civil Rights Act of 1964, workers are protected from employers using certain selection procedures or neutral tests that will exclude people in a disproportionate fashion based on their national origin, sex, religion, color or race. If the tests or procedures that are utilized have no connection to the job nor are consistent with the needs of the business, this is called disparate impact discrimination.

What is at-will employment?

There are many terms related to employment law that might be confusing to a worker in Michigan. It is in these circumstances that a worker might find him or herself subjected to treatment that is a violation or just seems to be one. One such term is "at-will employment." In almost every state in the United States, workers are considered at-will. What this means is that generally have the right to fire workers without giving a specific reason.

Legal help in dealing with employment-related disputes

When a person in Michigan is hired for a job, the last thing on the mind of the individual or the employer is that there will be a dismissal. It does happen though and both employer and employee need to remember that it might be necessary to take legal action to achieve justice if the law was violated. It's important to remember that there are certain rights employees have under the law. Employers are also accorded certain protections.