Miller Cohen, PLCJustice For Working People2026-06-30T12:09:21Zhttps://www.millercohen.com/feed/atom/WordPress/wp-content/uploads/sites/1601155/2020/09/cropped-site-identity-32x32.pngOn Behalf of Miller Cohen, P.L.C.<![CDATA[Know your rights when organizing in Michigan]]>https://www.millercohen.com/?p=502062026-06-25T12:09:40Z2026-06-30T12:09:21ZYour right to talk about a union
The National Labor Relations Act (NLRA) gives most private-sector workers in Michigan the right to form, join and support a union. This protection covers not just formal campaigns, but any conversation with coworkers about improving pay or working conditions. Legally, these discussions cannot be restricted in non-work areas on your own time, like the breakroom.
4 red flags of illegal conduct by employers
During an organizing drive, management is allowed to share its opinion, but it cannot engage in conduct that coerces or illegally influences you. To make it easier to remember, people often use the acronym TIPS to identify illegal employer actions.
Threats: Threatening you with job loss, pay cuts or closing operations for supporting a union
Interrogation: Coercively questioning you about your union support, who attended meetings or how you'll vote.
Promises: Promising raises, promotions or other special benefits to convince you to vote against the union.
Surveillance: Spying on union activities, monitoring social media or creating the impression you're being watched.
If you experience any of these behaviors, your employer may be breaking the law.
What to do if your employer crosses a line
If you believe your employer is interfering with unionization efforts or your rights, document everything. Keep a private record noting the date, time, location, what happened and any witnesses. You can use this documentation to file an unfair labor practice charge with the National Labor Relations Board (NLRB). If the NLRB finds a violation, remedies can include employee reinstatement, back pay or requiring the employer to post a notice admitting to the violation.
Worker protections are getting stronger
Recent decisions by the NLRB have created stronger protections for workers. For example, a recent case created a more direct path to union recognition. Today, if an employer commits serious violations during an organizing campaign, the NLRB has the authority to issue an order that requires the company to recognize and bargain with the union. This makes it more important than ever to identify and report illegal conduct.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Your rights start before the union vote]]>https://www.millercohen.com/?p=502022026-06-12T12:47:38Z2026-06-17T12:46:23ZStrength in numbers starts with a conversation
Under the National Labor Relations Act, most private-sector employees have the right to engage in protected concerted activity. This legal term means that an employer generally cannot punish workers when two or more of them act together to improve their pay or working conditions. You do not need a formal union in place to exercise this power.
Michigan employees often worry that talking about their workplace issues will lead to a pink slip. However, the law protects certain group actions, which could include:
Talking with coworkers about your hourly wages or yearly bonuses
Bringing a group complaint to a manager about safety hazards on the shop floor
Sharing information about union benefits during your lunch break
Circulating a petition to change a restrictive company policy
The law protects these actions because they serve the mutual aid of the entire workforce. Even a single worker can be protected if they are acting on behalf of a group or preparing for group action.
When management tries to silence the group
If a supervisor threatens to cut your hours because you engaged in protected activity like discussing wages, they are likely violating federal law. Violations like these can be an unfair labor practice. Employers may try to stop the seeds of a union by scaring workers before they can organize. Recognizing these tactics is the first step in defending your rights.
The law protects the path to a union
Standing up for your rights is a brave act, and you are not alone in the fight. The legal system recognizes that the road to a union contract starts with a single conversation between coworkers. Protecting that initial spark ensures that Michigan workers have a voice on the job. The law is designed to ensure that the path to organizing remains open and free from employer interference.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Am I caught in an independent contractor trap?]]>https://www.millercohen.com/?p=501862026-04-24T11:57:42Z2026-04-29T11:56:55ZWhy companies misclassify workers
The financial incentives are substantial. When employers classify workers as independent contractors instead of employees, they avoid:
Paying time-and-a-half for overtime hours
Contributing to Social Security and Medicare taxes
Providing workers' compensation insurance
Offering health benefits or paid leave
Paying into unemployment insurance
This misclassification can cost workers thousands annually while the company pockets the savings.
Are you really an employee or contractor?
Courts use various assessments to determine your true employment status. While Michigan uses different tests for different employment laws, they all focus on the degree of control the company has over your work. Courts consider several factors such as:
Does the company control when, where, and how you work?
Are you doing work that's central to the company's business?
Do you have a real opportunity for profit or loss based on your decisions?
Can you work for the company's competitors at the same time?
Do you invest in your own equipment and business?
In other words, if the company sets your schedule or pay rates, requires you to use their equipment or wear their uniform, prevents you from hiring helpers or provides extensive training, you're likely an employee, not a contractor.
Your legal options
Misclassified workers have the right to recover what they've lost. This may include back pay for unpaid overtime wages, reimbursement for the employer's share of payroll taxes and compensation for minimum wage violations. Workers can recover back wages for violations dating back several years, with the exact timeframe depending on the type of claim.
Misclassification is both unfair and unlawful. If you recognize these warning signs in your work situation, speaking with an attorney and taking action can help you recover what you're owed while holding employers accountable.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[How to prove pretext in Michigan employment discrimination cases?]]>https://www.millercohen.com/?p=501822026-04-09T11:23:05Z2026-04-14T11:21:43ZWhat is “pretext”?
Pretext means the employer’s stated basis for an action is not the true reason. Under Michigan law, employees must show that the employer’s explanation is false. They must also demonstrate that discrimination played a role in the decision.
Courts often apply the McDonnell Douglas burden-shifting analysis. Under this test, once an employer offers a legitimate reason for its action, the focus shifts to whether that explanation is credible. If it is not, a pattern of discrimination may be inferred.
How do you prove “pretext”?
To prove pretext, you need to identify inconsistencies, contradictions or patterns that weaken the employer’s justification. Some of the most important types of evidence include:
Shifting explanations: If an employer gives different reasons at different times, it may raise concerns. For example, they may cite performance issues initially and later point to restructuring. This inconsistency may suggest the real motive is being concealed.
Unequal treatment: If others outside of your protected class engaged in similar conduct but were not disciplined, that disparity may point to discrimination.
Lack of documentation: If there is little or no written record to support the decision, it raises serious questions about the employer’s credibility.
Timing and context: If a protected activity occurred close to an adverse action, timing is often critical. For example, requesting medical leave or reporting discrimination shortly before the disciplinary action can support an inference of pretext.
Together, this evidence helps show whether an employer’s rationale is consistent and believable. Looking at the full context makes it easier to assess potential discrimination.
Why does proving “pretext” matter?
Generally, proving pretext is vital because it "exposes an employer's defense as a cover-up". It is the "make or break" moment in a discrimination lawsuit. If you cannot disprove the employer’s stated reason, the case typically ends before it ever reaches a jury and favorable settlement is highly unlikely.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[How proposed wage history legislation affects Michigan workers]]>https://www.millercohen.com/?p=501762026-03-13T09:57:59Z2026-03-18T09:57:26Zproposed legislation in Michigan could soon protect you from having to answer that question at all.
What could be changing in Michigan?
A bill currently under consideration would prohibit Michigan employers from asking job applicants about their salary history. This means companies couldn't demand information about what you previously earned, either on applications or during interviews. The legislation aims to level the playing field for workers who may have been underpaid in previous positions.
Why this matters
Salary history questions perpetuate a frustrating cycle. If you were underpaid in your last job, employers who base offers on that figure may continue undervaluing your work. This hits certain groups especially hard:
Women, who historically earn less than men for comparable work
Workers of color facing systemic pay disparities
People re-entering the workforce after gaps in employment
Anyone who accepted a lower salary due to economic necessity
When your past follows you into every new opportunity, breaking free from low wages becomes nearly impossible.
The business perspective
Critics of the proposed ban argue that salary history helps employers budget and assess a candidate's compensation expectations. Some employers express concern about limiting their ability to gather relevant information during hiring.
What you can do now
While this legislation is pending, you still have options when facing salary history questions:
Before sharing your past salary, research typical pay ranges for the position using resources like the Bureau of Labor Statistics or industry salary surveys. You can also redirect conversations toward your desired salary range rather than past earnings.
Consider these responses:
"I'd prefer to focus on the value I can bring to this role"
"I'm looking for positions in the X−Y range based on my experience"
"What's the budgeted range for this position?"
These approaches shift the conversation toward your worth rather than your wage history, putting you in a stronger negotiating position.
Your rights, your future
Understanding proposed changes to Michigan employment law empowers you to advocate for fair compensation. Whether this legislation passes or not, remember that you deserve pay reflecting your skills and contributions, not just your history.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[When being passed over feels wrong]]>https://www.millercohen.com/?p=501732026-02-27T06:29:56Z2026-03-04T06:29:14ZYou did the work, you perfected your skillset and you did everything you could to position yourself for that promotion. But then they gave the promotion to someone else. Not just anyone else, but someone you think isn’t as qualified or competent as you are. One thing is obvious: the person they hired is not like you.
Being passed over never feels good, but in some cases, it could signal discriminatory employment decisions.
What goes into promotions decisions?
Managers weigh many factors when they are deciding who to promote. They look at:
Job performance
Project visibility
Teamwork
Leadership potential
Relationships
They may also value broad knowledge, technical skills and the ability to grow into the role. Past projects, informal feedback and timing also influence choices. Because many of these factors come from judgment calls, you could meet every technical requirement and still lose out. That mix of objective and subjective reasons makes it hard to tell when an employer crosses the line into illegal discrimination.
Signs it may be discrimination
Simply disagreeing with an employer’s decision is not going to be enough to support any type of formal action. However, if there are signs that the decision was influenced by bias against you as a member of a protected class, that raises a very different concern.Watch for repeated patterns and clear differences in treatment. If you see any of these, start collecting proof right away:
Promotions repeatedly favor employees of one race, sex, age group, religion or other protected class.
The job requirements change after you express interest and the new rules don’t apply to the promoted person.
Your strong performance reviews and metrics don’t match the employer’s stated reason for skipping you.
The employer lacks written selection criteria or changes the criteria without documentation.
Emails or messages show bias or that supervisors planned to promote someone from a preferred group.
Co-workers witnessed biased remarks and will provide statements.
If you suspect you were unfairly and unlawfully passed over for a promotion, collect and retain copies of job postings, performance reviews, emails, dated notes from meetings and names of witnesses. Store documents in a safe place and date them.You may then consider contacting the Michigan Department of Civil Rights or the EEOC or consulting a Michigan employment lawyer.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[What constitutes interference when you file for FMLA?]]>https://www.millercohen.com/?p=501512026-02-17T06:13:30Z2026-02-20T06:12:59ZDiscouragement
Upon taking FMLA, your employer suddenly tells you that taking time off for health reasons will let the team down. They also make backhanded comments about your commitment to discourage you from continuing. If these are the responses you receive, that is interference. Remember that requesting absence to recover from a serious health condition is your right.
Conditional interference
What if your boss allows you to take leave as long as you keep working from home? FMLA is a job-protected leave, not a remote work assignment. Significant work requirements during your recovery or family time can constitute interference. However, they may occasionally and briefly contact you for minor tasks.
Negative employment threats
Employers are strictly prohibited from using FMLA leave as a negative factor in promotion decisions. If your leave usage contributed to the denial of a promotion, it constitutes a violation of your rights.
Taking action on injustice
If any of these forms of interference occurred, you may have grounds to file a formal complaint against your employer. Before doing so, document everything. Find evidence that proves you meet the federal criteria for FMLA and that you provided enough information to let your employer know you need leave for a qualifying reason
Your livelihood is too important to leave to chance. Seeking help from an employment attorney can help you secure the protection you deserve.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[What constitutes age discrimination in Michigan?]]>https://www.millercohen.com/?p=501672026-02-11T09:49:35Z2026-02-16T09:48:45ZCompanies shouldn't mistreat older workers
Both federal and Michigan discrimination laws specifically protect mature employees. When a worker reaches 40 years of age, they should not have to worry about their age impacting their employment opportunities.
If anything, their additional years of experience should help them stand out from younger, less-qualified applicants. Mistreating older workers undermines morale, wastes institutional knowledge and mentorship, increases turnover costs and damages a company's reputation, all of which can hurt productivity and long-term success.
What behaviors could lead to credible claims of age discrimination?
Employers should not prioritize younger applicants for vacant positions or promotions. They also should not specifically target older workers when intentionally reducing their workforce.
Age discrimination can also manifest in the form of the company ignoring abusive conduct. If coworkers create a hostile work environment by targeting and mistreating older employees, the business has an obligation to intervene for the protection of the mistreated professional.
When professionals have experienced significant career setbacks related to age discrimination, they may have grounds for a lawsuit. Reviewing what has happened in one’s workplace with an employment attorney could help frustrated, experienced professionals fight back against age discrimination.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Bargaining basics every Michigan union member should know]]>https://www.millercohen.com/?p=501562026-02-09T08:48:54Z2026-02-12T08:47:16ZUnion contracts shape your pay, benefits and daily work life. When you understand how unions bargain for these terms, you can protect your rights and strengthen your union. Michigan workers face specific state rules and long-standing labor standards, and informed members can make better choices and spot problems early.
How collective bargaining works
The collective bargaining process brings union leaders and employers to the table to agree on a contract. There are two categories of topics parties might discuss:
Mandatory subjects include wages, hours, benefits, seniority and discipline standards. Employers and unions must discuss these items.
Permissive subjects cover issues like internal union matters or certain policies. Either side may discuss them, but neither side must agree.
When negotiators reach a tentative deal, members vote to formally approve or ratify it. If the contract expires before a new deal, work usually continues under the old terms while talks go on.
Strategies and common contract issues
Strong bargaining starts with clear goals and solid data. Unions often focus on core workplace needs that affect everyone. Before talks begin, bargaining teams often review member surveys and employer data. Common focus areas include:
Wages and step increases
Health insurance and retirement benefits
Seniority rules for layoffs and recalls
Just cause standards for discipline and discharge
Union bargaining strategies focus on preparation and unity. Representatives use solid data, set clear priorities and protect core goals as they enter negotiations. They package proposals, seek fair solutions and build member support. Strategies like testing offers and using leverage wisely, can help union negotiators bargain wisely and avoid weak compromises. Union members can play powerful roles in the bargaining process. They can share priorities with the bargaining team, attend meetings and review updates.
Fair representation and access to information
The union must represent all members fairly, without bias or favoritism. A breach can occur if leaders act arbitrarily, discriminate or ignore member concerns. Members can also request information that relates to bargaining. Employers must provide relevant data, such as wage records or benefit costs, under rules enforced by the National Labor Relations Board and Michigan agencies.
Staying engaged and informed
You help your union by asking questions, attending meetings, voting and seeking legal counsel when needed. Knowledge builds confidence, and confidence helps unions secure fair agreements.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[When off-color jokes turn into harassment]]>https://www.millercohen.com/?p=501502026-01-30T09:31:15Z2026-02-04T09:30:30ZWhere the law draws the line
Under both federal and Michigan law, workplace harassment involves unwelcome conduct based on protected characteristics, such as:
A single inappropriate joke typically does not meet the legal threshold for harassment. However, conduct becomes unlawful when it is severe or pervasive enough to create an intimidating, hostile or abusive work environment.
Context also plays a role. A joke targeting your race, gender or religion carries more weight than a generally rude comment. The setting and the identity of the person making the comment can influence how the incident is viewed as well.
How to address the situation
If off-color remarks are affecting your work life, you can approach the issue in various ways.
First, you might want to consider letting the person know that their comments are unwelcome. Sometimes, people do not realize their jokes are offensive. A direct conversation can stop the behavior before it escalates.
If unsuccessful, reporting the behavior to your Human Resources department or supervisor can be your next step. Most employers have specific anti-harassment policies and are legally required to take prompt action to investigate and address complaints.
Where to file a legal complaint
When neither internal option resolves the issue, you can file a harassment complaint outside your company. In Michigan, you have the option of filing either with the Michigan Department of Civil Rights (MDCR) or the U.S. Equal Employment Opportunity Commission (EEOC).
You must file with the MDCR within 180 days of the incident, or with the EEOC within 300 days. These agencies have a work-sharing agreement, so you can usually request that your claim be cross-filed with the other agency at the same time.
Unlike some states, Michigan allows you to bypass these agencies entirely. Under the Elliott-Larsen Civil Rights Act, you have the right to file a lawsuit directly in state court within three years of the alleged harassment.]]>