Answers Posted By David Blanchard

Answer to Exempt salary employee has been laid off due to lack of work

Under the Fair Labor Standards Act (and Michigan wage laws), an employer is generally permitted to pay a prorated amount based on the days or hours worked for the last pay period worked. However, the employer must pay for all time actually worked on a regularly scheduled payroll. If you are seeking advice on an individual circumstance you should contact a lawyer. We are living and working through an unprecedented time. Employment lawyers are fielding many calls to help employees through compensation questions, medical leave rights, and unemployment benefits.

posted Mar 29, 2020 12:29 PM [EST]

Answer to Mel is it legal to force Exempt Emp. to take Vacation or dock pay for a friday following a holiday

I think the distinction in this hypothetical is about the difference between salaried-exempt and salaried non-exempt. It is true that for for exempt salaried employees, the employer generally cannot reduce the salary for employer's decision to call a holiday. However, salaried non-exempt are essentially like hourly employees. It is generally permissible to pay non-exempt employees only for hours actually worked, as long as the employer also pays appropriate overtime for work-hours over 40 in a week. This is not legal advice, just generally discussion based on the hypothetical posed. For legal advice on your specific situation and whether you are paid and classified properly, you should meet with an employment rights lawyer.

posted Jun 19, 2019 10:54 AM [EST]

Answer to Hello, my name is Elizabeth, I am a Licensed Massage Therapist in Michigan. Was recently let go from position as an independent contractor(I paid my own taxes). I believe I signed a non compete. I can not get a hold of my file. If I did sign, is it enforc

Michigan employment contracts often include a "non-compete clause". These restrictions are often enforceable but not always. In addition sometimes industries like yours try to classify employees as independent contractors to avoid tax responsibilities, workers comp insurance, or even to avoid obligations to pay overtime. If you were wrongly classified AND you worked over 40 hours in a week, you may be entitled to overtime wages for your work. I can't provide legal advice on your particular issues without reviewing the details. The enforceability of a non-compete depends on the terms of the contract and maybe the circumstances of leaving. Whether independent contractor classification was legitimate will depend on the economic realities of the relationship. You should call an experienced employment lawyer to get confidential legal advice on your situation. Good luck.

posted Mar 19, 2017 1:13 PM [EST]

Answer to can you demote a female 3 weeks from having her baby when she is a top performer?

No, its not fair. It may not even be legal.

posted Jan 27, 2016 8:54 PM [EST]

Answer to I was a contractor at a government agency for over five years. I suffered daily abuse from a coworker. I finally reported the person to a manager who suggested that I contact Labor relations. They posted my job two weeks after I reported my co-worker and

If you are facing retaliation for making a report to a government agency, such as the NLRB, or because you reported a violation of law internally to a public body (which sounds like may be the case) you might be protected under Michigan's Whistleblower Protection Act, or under Federal Whistleblower Protection Enhancement Act (if the Employer is a government contractor). You should seek advice and figure out how to proceed from knowledgable counsel on these matters.

posted Jan 27, 2016 8:50 PM [EST]

Answer to Is an employer allowed to change their mind after the fact about severance allocation?

It sounds like your problems may have been caused by the unemployment system and not necessarily the employer, according to the way the UIA has been treating claims in the last few years. If the employer does not respond to requests for information, it appears that the UIA is assuming that all payments are attributable to payroll continuation. This is contrary to the stated rule that severance type payments are attributable as payroll continuation only when the employer designates it as such. You have rights to appeal the determination (if you are within the deadline) and you should. You might even find that your employer would be helpful in providing documentation that the payment was a one time payment. This is a good illustration about how careful review of severance contracts is essential. The fact that it was paid as a lump sum, in itself, does not make a difference. What you need is a clear statement that the lump sum payment was in exchange for a release of claims and not attributable to payroll continuation. It would have been best to get that in the severance but maybe you can still get that statement now and be well prepared for your UIA appeal hearing.

posted Jan 27, 2016 7:50 PM [EST]