Workers in the service industry in Michigan might not know that they have certain rights that their employer must adhere to. When employee rights are violated, it is important that those who have been victimized know what to do to receive their employee benefits. Proving that there was a violation can result in compensation and back pay. Having advice as to the legal issues is key to pursuing a claim.
There has been a significant debate during this political season regarding minimum wage laws and how much they should be across the U.S. Some states, including Michigan, are taking steps to raise the minimum wage. There are times, however, that an employer tries to avoid paying workers what they are supposed to receive under the law. Those who do not get what they are legally entitled to need to be aware of how to pursue a wage claim, which, can include an overtime claim for unpaid overtime or a claim for regular hourly pay.
Family medical leave has become a hot-button political issue as the race for the presidency heats up. Workers are often left behind in the political spectrum in Michigan and across the country. It is easy to forget that there are certain rights that employees have to prevent denial of benefits, illegal workplace discrimination and wrongful termination. One aspect that must be kept in mind is the Family and Medical Leave Act.
Cases involving wrongful termination in Michigan and across the country can involve numerous issues and happen for a great many reasons. In some instances, they will begin in a certain way and expand to form a different case entirely. They might evolve into a whistleblower case if the circumstances warrant it. When a person files a case to protect their employee rights, it is imperative to have an idea as to the foundation of the case and how it can move forward. Some of these cases are newsworthy and result in significant press coverage and attention.
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.
When a person is subjected to wrongful termination in Michigan, that person needs to understand that the relevant legal rights involved, and the possible opportunity to pursue a lawsuit for what happened. These cases frequently have multiple layers and occur in a wide variety of jobs. Protecting employee rights is imperative to ensure that everyone who has a job is treated fairly and is not subjected to capricious and self-serving decisions on the part of superiors, management and ownership. These issues can even arise in the public sector.
In Michigan and across the country employees might witness certain acts, policies or behaviors that are in violation of the law. These violations can cause damage and place people at risk. The witness might, however, be concerned that they will be confronted with problems at work, a denial of benefits or even lose their jobs entirely if they report what they have seen. That is why the Whistleblowers' Protection Act was passed in 1980.
In Michigan and across the country, financial turmoil has engulfed many cities, counties and states to the point that some workers' pensions are in jeopardy. Many of these workers are public employees who only took certain jobs for the pension benefits. For private workers, ERISA is available to provide protection. ERISA stands for the Employee Retirement Income Security Act. Passed in 1974, this law is meant to protect assets of workers so they will have access to their retirement funds at their retirement.
According to the Michigan Occupational Safety & Health Act, employees and employers have certain rights and responsibilities. Some employer responsibilities have a large impact on employee rights. Every employer has the responsibility to provide a workplace that free of recognized hazards that pose a risk of injury or death.
Most Michigan hourly employees who work more than 40 hours during a work week expect to be paid overtime for those additional hours. However, workers who meet certain criteria are exempt from receiving overtime pay. According to regulations promulgated under the Fair Labor Standards Act, workers who earn more than $23,660 annually are currently exempt from making overtime claims.