Kreis Enderle’s Employment team has years of experience handling employee and employer related matters in all areas of employment law. When your livelihood, your business, and potentially your future are on the line, you need experienced attorneys who know how to resolve serious employment disputes. Kreis Enderle’s Employment team includes lawyers who have devoted their entire careers to successfully advocating their clients’ best interests.
Our lawyers strive to find cost effective solutions in handling employment matters, including pre-litigation disputes; severance and other contract negotiations; development, revision, and implementation of employee handbooks, policies, and procedures; termination and layoff reviews; and full litigation services, including state and federal courts, arbitration, and administrative cases.
Areas of Concentration:
- Employers & Employees
- Wage and Hour
- Class and Collective Actions
- Whistleblowing Activity
- Non-compete Agreements
- Family Medical Leave Act
- Employment Policies & Procedures
- Employment Related Investigations
- Termination Reviews
- Separation Agreements
- Administrative Hearings
When is an employer obligated to pay overtime?
For non-exempt employees (which can include salaried employees), the Fair Labor Standards Act requires employers to pay one and one-half times the regular rate of pay on any actual working time over forty (40) hours in a workweek. However, the Fair Labor Standards Act recognizes overtime exemption status (i.e., no overtime is owed) for certain employees depending on the type of position and specific job duties.
Why should I hire an employment attorney?
Laws governing employer and employee relationships are complex and often require guidance and direction from a knowledgeable professional experienced in navigating the ins-and-outs of employment law. For employees, retaining the right counsel can mean the difference between knowing and protecting your many rights and losing the ability to provide for your family. It is important for employers to periodically seek legal counsel to review primary employment practices and significant changes. An employment attorney can also conduct a cost/benefit analysis, using current legal standards, to determine the propriety of employment decisions, such as lay-offs, and determine sound approaches for reducing an employer’s susceptibility to civil litigation.
Is Michigan an at-will employment state?
Yes, Michigan is an at-will employment state, which means there is no guarantee about the term or duration of employment, and both the employee and the employer have the right to end the employment relationship at any time and for almost any reason. However, there are exceptions to this rule which could lead to problems if an adverse employment action is made for the wrong reason, such as retaliation or discrimination.
What is workplace discrimination?
Federal law prohibits any employment decision which is discriminatory based on an individual’s disability, genetic information, age, race, religion, sex, or national origin. Michigan law expands this list to include height, weight, familial status, or marital status. Some additional protections for other classes, such as sexual orientation, exist within certain townships or cities.
As an employer, may I legally monitor my employees’ internet usage/read their work emails?
If employees are using company property, like a company computer, they have limited privacy rights. It is legal for the employer to not only monitor activities, but also penalize them for violating company policy.
As an employer, are there certain questions I cannot ask during an interview?
Legally, there are several types of questions that employers are prohibited from asking during an interview. An employer may not ask about an applicant’s age, unless used to determine if that applicant is at least 18 years old. While an employer can seek the status of legal authorization to work, it may not ask questions related to birthplace or citizenship status. An employer can ask whether an employee is able to perform essential duties with or without an accommodation, but it may not expand the inquiry beyond what is necessary to perform the job. An employer is prohibited from inquiring as to an applicant’s misdemeanor arrest record that did not result in conviction. An employer is also prohibited from seeking information related to genetic information, familial or marital status, height, weight, national origin, race, color, religion or creed, and sex. Anti-discrimination laws vary from state to state, it is important for employers to seek legal guidance to know what questions are acceptable and which are not acceptable.