Miller Cohen, PLCJustice For Working People2024-03-07T08:39:11Zhttps://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.https://www.millercohen.com/?p=499502024-03-04T08:39:26Z2024-03-07T08:39:11ZImagine walking into your workplace, a space where you should feel motivated and safe, only to be met with unwanted comments, stares or even touches.
For many, this isn't just a disturbing scenario but an upsetting reality. Sexual harassment in the workplace is a pervasive issue that often remains shrouded in silence. However, one person's experience, while deeply personal, is rarely isolated. Instead, it can often signify a larger, systemic problem that thrives in environments where inappropriate behavior goes unchecked.
What does harassment look like?
Harassment isn't always overt and obvious. More commonly, misconduct is subtle or carried out in private. For instance, it can take the form of an insidious comment that a colleague whispers during a meeting, or the unwelcome touch disguised as a 'friendly' pat on the back during a one-on-one meeting.It's crucial to understand that whether workplace harassment is subtle or overt, it is illegal. Every individual has the right to a workplace free from discrimination and discomfort. Federal and state laws are in place to protect these rights.
Raising your voice: A ripple effect
Speaking up about sexual harassment can be daunting. Fear of retaliation or dismissal often silences victims. In some cases, a perpetrator makes threats or promises to keep victims quiet about illegal harassment.However, breaking that silence is imperative. When one person steps forward, it paves the way for others to do the same, creating a ripple effect that can transform the workplace.By voicing your experiences, you not only stand up for your rights but also protect your colleagues from future misconduct. Your reporting could uncover systemic issues like weak policies, inadequate training and problematic leadership, all of which allow harassment to persist.
Getting help to protect your rights
If you're facing sexual harassment at work, know that you do not have to face this situation alone. You can work with an attorney to take action against offending parties and non-compliant employers. Doing so can protect yourself and others who may be experiencing harassment at work, as well. ]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=499482024-02-23T21:05:58Z2024-02-28T04:45:59ZLegal safeguards for whistleblowers
Both state and federal laws and programs exist to shield individuals who report or are about to report violations of the law.
Michigan Whistleblowers' Protection Act (WPA): This state law prohibits employers from discharging, threatening, or otherwise discriminating against employees for reporting a suspected violation of state, local or federal law.
The False Claims Act (FCA): Protects employees who pursue, investigate, or otherwise contribute to an action exposing fraud against the government.
Other Federal whistleblower protections: Various federal-level measures also provide protection. These include the Occupational Safety and Health Act (OSHA) and the Office of Federal Contract Compliance Programs (OFCCP).
Collectively, these laws create a legal framework designed to encourage workers to report wrongdoing without fear of punishment.
A relevant case study
Recently, claims surfaced against the acting chief medical officer for U.S. Customs and Border Protection. He faces accusations of bypassing agency rules to obtain fentanyl lollipops, misusing government funds for personal travel and falsifying contracts to hire consultants.
Whistleblowers brought these serious accusations to light, demonstrating their crucial role in uncovering potential abuses of power.
For Michigan employees, this case highlights the importance of whistleblower protections. Without them, individuals might remain silent, allowing illegal or unethical practices to continue unchecked.
The value of vigilance
Blowing the whistle on illegal activities within an organization is no small feat. Many of the laws that protect whistleblowers can be highly technical in nature, counter-intuitive, or require quick action. Some of these laws like the FCA not only shield whistleblowers from retaliation, but encourage reporting fraud against the government by allowing whistleblowers to share in any financial recovery that the government would otherwise be entitled to. These laws can be quite complex in nature though. For others like the WPA or OSHA discrimination, employees only have a short window of time to file a claim—90 days to bring a lawsuit under the WPA and 30 days under OSHA. This is why it's crucial for potential whistleblowers to seek legal guidance as soon as possible.
If you believe that you may be a whistleblower, it is important for you to contact a labor and employment lawyer as soon as possible. The attorneys of Miller Cohen PLC offer free telephone consultations (313-964-4454) and would be happy to help.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=499472024-02-28T18:20:41Z2024-02-27T05:17:27ZTake for instance the nine pages of overtime pay regulations for State of Michigan employees. Those regulations use complicated technical language and vague terms left undefined. Michigan’s overtime provisions are designed to ensure that State of Michigan employees are fairly compensated for hours worked beyond the standard 40-hour workweek. While that principle seems simple enough on its face, these laws are influenced by both the Fair Labor Standards Act (FLSA), federal regulations, and state statutes and regulations. All of these laws and regulations are interpreted by government agencies and courts. The result? A comprehensive mess incomprehensible to most.
Overtime pay rates and eligibility
Under Michigan law, similar to the FLSA, the standard overtime pay rate is one and a half times the regular rate of pay. This means that for each hour worked over 40 hours in a workweek, an employee is entitled to receive 1.5 times their regular hourly wage.
This rule is applicable to most employees; however, there are exemptions for certain types of workers and industries, which may include managerial positions, professionals and some types of sales employees. Generally, hourly employees are entitled to overtime pay, but salaried employees may also qualify depending on their job duties, salary level and how their pay is structured. Per Michigan law, State of Michigan “Employees in classifications with an eligibility code of N” are eligible for overtime. What that means turns on yet other regulations that are difficult to find if you don’t know what you are looking for.
Enforcement claims
Similarly complex is what an employee can do to protect their rights. Between federal and state government agencies and federal and state courts, enforcement of overtime regulations can be difficult without legal assistance as well. The Michigan Department of Labor and Economic Opportunity (LEO) is responsible for enforcing the state's overtime laws. Employees who believe their employer has violated Michigan's overtime provisions have the right to file a complaint with the LEO. Furthermore, they may also pursue private legal action to recover unpaid overtime, including attorney's fees and potentially additional damages as allowed under state law.
Even worse, some laws only allow claims to be filed within a certain amount of time. Other laws reference similar limits found in other statutes. Yet others are limited by prior court decisions strictly requiring employees to meet deadlines not even mentioned in the statute itself.
Management likely has attorneys to help them figure out what all of this means. You should too! If you are concerned about what rights you have as an employee, don’t wait! Contact a labor and employment attorney today. The labor and employment attorneys at Miller Cohen PLC provide workers with a free consultation. Contact us at (313) 964-4454.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=499382024-02-16T22:07:50Z2024-02-22T04:23:32Zbonuses are fringe benefits, not guaranteed wages. An employer can choose to offer year-end bonuses or not. Regarding bonuses tied to performance, employers can limit payment on employees or the employer meeting certain requirements.
Sometimes, the criteria for achieving these incentives are not clear, or the goals may seem unreachable.
These situations can be stressful, especially if your financial planning depends on that extra income. Be proactive in seeking clarity on how your employer measures performance. Further, keeping your own records to track fulfilment can help ensure there's no confusion about your performance.
Should I play the waiting game?
Even if you meet all the criteria for a bonus, there can be payment delays.
These delays can stem from issues outside your control, like administrative issues, cash flow problems within the company or poor communication.
However, while it's important to be patient, it can also be crucial to be assertive. If you believe there has been an unreasonable delay, speak up to your manager or HR.
Securing your bonuses
End-of-year bonuses and performance incentives are more than just extra money; they recognize your hard work.
Review your company's policies and the specifics of your employment agreement to ensure you receive what you have earned. When in doubt, you can seek professional guidance to clear up any concerns. By staying informed and proactive, you can overcome the challenges and enjoy the rewards you have earned.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=499092024-02-05T06:11:21Z2024-02-08T06:10:48ZWhat happens when the line between learning and labor becomes blurred? In the pursuit of experience and knowledge, many students find themselves contributing much more than just their time and attention—they could also be giving their labor for free.
A recent legal case involving aspiring hair stylists in Michigan is a good example of what happens when people challenge whether certain experiences are educational or exploitative.
Unpaid work under scrutiny
In a recent case in Michigan, a judge approved a settlement of $2.8 million in a dispute over unpaid work by students at the Douglas J Aveda Institute. The lawsuit accused the institute of federal labor law violations, asserting that the students were performing work such as cleaning and stocking shelves without pay.While the institute claimed the work was educational, the courts determined it was menial labor for which the school should have paid students.
A mirror for many?
This case may resonate with interns, apprentices and other students across the state who may be:
Performing tasks unrelated to their educational goals
Feeling pressured to accept unpaid work for the promise of experience
Struggling to manage educational expenses alongside unpaid internships or apprenticeships
Too often, companies or employers aim to make a person feel "lucky" to perform tasks in exchange for intangible benefits rather than pay. However, this settlement highlights the fact that exploitative labor practices exist and can be incredibly costly for individuals. Calling out bad actors and unfair practices is crucial in resolving these serious issues.
Recognizing the value in education and labor
Education, in both academic and professional settings, is invaluable. However, it should not come at the cost of fair compensation for work performed. Unfortunately, too many businesses take advantage of people, especially those who are often young, inexperienced or intimidated. Under these circumstances, speaking up and advocating for workers' rights is crucial in ensuring employers comply with fair wage and hour laws.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=498852024-01-19T09:03:38Z2024-01-24T09:02:51ZEvery worker should feel safe and secure in their work environment. This fundamental expectation enables employees to carry out their duties without the fear of undue stress, injury or worse. But what happens when these rights are challenged or seemingly disregarded by the very organizations that are meant to uphold them?
Walgreens staff walkouts
One potential response to this situation is for workers to organize and protest. For instance, Walgreens pharmacy staff at about 300 locations recently walked off the job, citing overwork and potential risks to patient safety. Organizers said that the poor working conditions contributed to serious issues like medication and vaccination errors.The pharmacists' demands were clear:
Improved transparency regarding work hours
Dedicated training for new staff
Adjusted work expectations based on staffing levels
Though the company recently made leadership changes, whether it will do more to respond to workers' concerns is unknown.The pandemic put an incredible strain on workers, particularly those in sectors like healthcare and retail. Since then, it has become even more vital for employees to voice their needs and for companies to listen and act.
How is this relevant to Michigan workers?
For workers in Michigan facing similar conditions, the situation at Walgreens is a stark reminder of the importance of advocating for safe workplaces. Too many people face risks to their health and well-being because of preventable hazards at their job.While there are federal and state laws in place to protect workers' rights to a safe workplace, the unfortunate reality is that too many companies cut corners. They ignore their legal obligations, dismiss employee complaints and make decisions that do not prioritize their workers' safety. When this happens, taking action to stop unlawful practices can be essential.
Navigating complex legal waters
Legal issues surrounding workplace safety and workers' rights can be highly intricate. As seen with the Walgreens case, employee concerns can escalate to a level where legal guidance becomes indispensable.If you're a worker in Michigan grappling with workplace concerns, remember that you're not alone, and resources are available to help safeguard your interests and well-being.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=498832024-01-08T05:46:32Z2024-01-12T05:45:55ZProving an employer has retaliated against you can be quite complex. Every piece of correspondence can come under scrutiny, and the more supporting evidence you have, the better. Even something as seemingly insignificant as the use of an emoji could impact your legal options.
A thumbs-up has profound implications
One recent case highlights just how much a single interaction can change the trajectory of a retaliation case. After several team members resigned, blaming the plaintiff's management, she faced a negative performance review and was given a choice: improve via a Performance Improvement Plan (PIP), demotion or termination with severance.When she raised age discrimination concerns, management swiftly changed her options, removing the PIP. This shift, particularly a text message from her supervisor suggesting a "new plan" with a company leader's thumbs-up emoji in response, became key evidence in her retaliation lawsuit.Although courts initially dismissed her age discrimination claim, the Eighth Circuit found the text exchange indicative of retaliation. They reversed the summary judgment, allowing her to pursue her claim in court.
Important takeaways for Michigan workers
This case is a stark reminder to all workers that retaliation is not just about the timing of an employer's action but also about the context and manner in which company leaders respond.Informal communication, such as text messages and emojis, can become part of a case, and even casual conversations through texts or chats can reveal misconduct. Employers should take every legitimate concern about workplace issues seriously. Workers should also be aware of their rights and the subtle forms retaliation can take, including sudden changes in employment terms following a complaint.For employees in Michigan and elsewhere, it's crucial to understand that you have the right to speak up against discrimination without facing punitive measures.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=498822023-12-22T08:09:13Z2023-12-27T08:08:19Zasserts that the firing occurred to deter other LMCU employees from attempting to unionize. They had five years of experience with the company before moving to unionize.
The worker filed a complaint with the NLRB. The terminated employee believes they deserve not just acknowledgment of the retaliatory firing but also reinstatement. The NLRB agreed with the plaintiff. The organization recommended the reinstatement of the terminated worker and compensation for lost wages and benefits during the months that they went without work. Additionally, the NLRB hopes to compel LMCU to remove negative employment records related to the termination.
Currently, the matter awaits a hearing in Kent County courts. LMCU continues to maintain that the termination did not have anything to do with unionization efforts but rather a violation of company policy. Only time will tell if the courts side with the employee.
Those who try to unionize often face pushback from companies, and – sometimes – the only way to protect themselves and other workers is to fight back in court. Holding companies accountable for inappropriate terminations may benefit workers harmed by retaliatory firings, and seeking legal guidance is generally the best way to get started.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=498792023-12-14T08:15:55Z2023-12-19T08:15:37ZDifferent forms of discrimination
There are several forms of discrimination, including:
Age discrimination: This occurs when employers treat someone less favorably because they are 40 or older.
Sex discrimination: This involves unfair treatment based on someone’s sex or gender.
Racial discrimination: This happens when an employee faces mistreatment because of their race, color or nationality.
Disability discrimination: This is when an employer treats someone with a disability less favorably or denies reasonable accommodations.
Sexual orientation discrimination: This refers to treating someone differently based on their sexual orientation, such as being gay, lesbian or bisexual.
Gender identity discrimination: This form of discrimination involves treating individuals unfavorably due to their gender identity or transgender status. An example could be refusing to use an employee's preferred pronouns.
Michigan laws also prohibit discrimination based on marital status, height or weight, and arrest record.
The impact of discrimination
The impact of workplace discrimination stretches far beyond professional consequences. Its effects seep into the personal, financial and health aspects of an individual's life, creating a burden that can be difficult to bear.
Financial impact: Discrimination can hurt a person's financial stability. It can lead to missed job opportunities, unequal pay, and even job loss. This can create a risky financial situation.
Professional impact: Professionally, discrimination can stunt career growth. Victims may be passed over for promotions or development opportunities or be excluded from important projects or discussions.
Personal and health impact: The personal and health impact of discrimination is profound. According to the American Psychological Association, discrimination can lead to increased stress, depression, and anxiety. It can also lead to physical health problems like high blood pressure and heart disease.
Remember, the effects of discrimination are far-reaching and severe. It's crucial to notice and deal with discrimination at work to protect the health and rights of all workers.]]>On Behalf of Miller Cohen, P.L.C.https://www.millercohen.com/?p=498812023-12-13T04:34:32Z2023-12-19T04:33:26ZThe Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. As a Michigan worker, it's vital to understand your rights under this law and how to protect them. Here are four essential tips:
Know your rights
Under state and federal laws, eligible employees have the right to take up to 12 weeks of unpaid leave in a 12-month period for specific reasons, including:
Personal or family illness
Incapacity due to pregnancy
Adoption
Foster care placement of a child
You can take your leave all at once or intermittently throughout the 12 months. You also have legal protections against discrimination, harassment and retaliation because you filed for or took FMLA leave.
Document everything
Maintaining a record of all interactions regarding your leave is crucial. Keep copies of all correspondences, including emails and letters, medical certifications and any forms you submit. This information will help ensure you are taking the proper steps to take leave and track the amount of time you take.Further, this documentation can be vital evidence if your employer violates your rights.
Confidentiality is key
Your medical information is private, and your employer has limited rights to it under the Health Insurance Portability and Accountability Act (HIPAA). Thus, your employer should only request enough information to validate your FMLA leave, which can be obtained in a certification from a health care provider.Further, employers should take steps to keep your medical and personal details confidential and available only to parties who need them.
Consult a lawyer if necessary
If you feel your rights have been violated, don't hesitate to consult with a lawyer who specializes in labor laws. You can also seek legal guidance if you are worried about eligibility or how to prepare for an upcoming leave.Safeguarding your rights under FMLA is crucial. By following these tips, you can protect them and your job when taking FMLA leave in Michigan.]]>