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The changing rules that govern employment relationships require constant attention by both employers and employees. Fraser Trebilcock's attorneys analyze each client's situation and provide counsel, policies, and actions designed to solve employment-related problems.
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Our Employment and Labor Law attorneys will advise you on federal, state, and local employment law, as well as provide representation in litigation and arbitration before government agencies in any of the following:
- personnel policies and procedures, employment contracts, labor relations including negotiation and grievance arbitration, unfair labor practices, safety regulations, civil rights, disabilities and reasonable accommodation, equal opportunity and affirmative action, age, race and sex discrimination, employee privacy, drug and alcohol matters, discipline matters, harassment, workers compensation and workforce reduction.
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Are these areas a concern for you and your business?
- Michigan Payment of Wage and Fringe Benefits Act. Our Employment and Labor Law attorneys are knowledgeable regarding all facets of the Michigan Payment of Wages and Fringe Benefits Act. We help employers avoid inadvertent violations of this statute, including payment of wages and fringe benefits; pay cycles and the timing of pay; accrued benefits due at termination of employment; or withholding, or deductions from, compensation.
- Federal Fair Labor Standards Act. Our attorneys counsel clients about the Federal Fair Labor Standards Act and help to avoid potential pitfalls. Although minimum wage disputes are rare, complex overtime pay issues frequently arise. Can workers be paid on a salary basis, instead of an hourly wage, making the employees exempt from overtime pay requirements? Complex U.S. Labor rules and opinion letters, as well as federal case law, defines which jobs can be treated as exempt and which practices conform to a salary basis of pay.
- Employee Drug and Alcohol Testing. Employee drug and alcohol testing is generally permitted under the Americans with Disabilities Act and under the Persons with Disabilities Civil Rights Act. Nevertheless, employers should exercise care to keep test samples secure and confidential to avoid defamation and breach of privacy claims. What is more, many job performance issues can easily and effectively be addressed by means other than drug and alcohol testing. Fraser Trebilcock's attorneys can address your concerns while protecting your interests.
- Employee Handbooks. A properly drafted employee handbook is crucial. Employers can inadvertently create enforceable contracts or enforceable "legitimate expectations" in employee handbooks and similar documents. Our labor and employment attorneys will help draft and prepare an employee handbook that clearly defines employment policies and spells out whether the employment is "at will" or terminable only for cause.
Required State and Federal Law Notices.
Numerous state and federal employment laws require employers to post notices regarding employees' rights. There are serious consequences for employers who fail to post the required notices. These notices must be permanently displayed in conspicuous places in the workplace where employees and applicants for employment can readily read them. Michigan law requires that the following notices be posted:
- Michigan law prohibits discrimination notice;
- Minimum wage notice;
- Overtime compensation rules notice;
- Minorities' notice;
- Employment Security Act notice;
- Bureau of Employment Standards general notice;
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- Whistle Blower's Protection Act notice;
- Right to Know Act notice;
- Safety and Health Protection on the Job notice;
- MIOSHA form No. 200 Annual Log and Summary of Occupational Injuries and Illnesses;
- Any citation issues after a MIOSHA inspection;
- Rights of Employees under the Michigan Persons with Disabilities Civil Rights Act notice.
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Federal law requires that the following notices be posted:
- Minimum Wage notice;
- Job Safety and Health Protection notice;
- Equal Employment Opportunity notice;
- Family and Medical Leave Act of 1993 notice;
- Employee Polygraph Protection Act notice.
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Fraser Trebilcock's Employment and Labor Law attorneys can ensure that you are in compliance with these requirements as well as advise you on the following issues:
Harassment. Michigan and federal law make it unlawful for an employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment for reasons of race, color, religion, sex or national origin. Harassment is a complicated area of employment law. Fraser Trebilcock's attorneys will represent employers who are being sued for harassment, and draft employee handbooks and employment policies designed to avoid this type of litigation.
Michigan Eavesdropping Statute. In Michigan, while a party to a conversation may record it without the other party's knowledge or consent, third parties may legally eavesdrop only if they have the consent of all the parties to the conversation. However, there are significant differences between the Michigan Eavesdropping Statute and its federal counterpart. Civil and criminal penalties can ensue. Our attorneys can provide advise you on the Michigan Eavesdropping Statute and the federal Electronic Communications Privacy Act.
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In addition to the above, our law firm is experienced in advising employers on:
- The Whistle Blower Protection Act.
- Polygraph Protection Act.
- Not To Compete Covenants.
- Americans with Disabilities Act.
- Michigan Worker's Compensation Act.
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Fraser Trebilcock: Experienced. Successful. Trusted.
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