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Employment Law Archives

Who qualifies for COBRA insurance in Michigan?

So, you have lost your job because of a layoff -- what now? Although you have probably taken action to obtain unemployment benefits, you may not realize that your health insurance is also about to expire. You can protect yourself and your family by utilizing the COBRA continuation of benefits insurance program, which allows for the continuation of health care benefits even after you leave a company. COBRA is available for those who have been fired or who have chosen to quit their jobs, as well. Employees who do not qualify include those who have been fired because of gross misconduct such as gender discrimination and other types of workplace discrimination.

Independent contractor? Think twice about unemployment benefits

Did you know that you could be eligible for unemployment benefits, no matter your reason for losing your Michigan job? All too many residents are denied unemployment benefits because they are fired or forced to resign. If you have lost your job for any reason other than misconduct, you may be eligible for these benefits. This may even be true for some Michigan residents who have traditionally been classified as independent contractors, according to recent case law.

Know the difference between comp time and overtime pay

Do you know your rights when it comes to compensatory time offered through your job? This perk, often called "comp time," is provided in lieu of overtime pay for employees who would rather have extra time off instead of the additional money. Although a variety of employers offer comp time benefits for their workers, not all comply with the employment law requirements that surround this particular topic. Knowing your comp time rights is just as important as understanding the various aspects of employment discrimination, including age and gender discrimination.

Servers entitled to compensation for wage violations

Several current and former employees at restaurants in Ann Arbor, Michigan, will receive back wages because of pay violations logged by their employers. An investigation into eight local restaurants yielded evidence of wage violations amounting to nearly $150,000 over a multi-year period. The employees will be entitled to financial compensation after government investigators determined that the restaurants failed to comply with new minimum wage standards. Several of the restaurants only owe a couple hundred dollars to their employees, but that sum can make a significant difference to service-industry workers.

Religious Freedom Restoration Act creates conflict for employers

Although the Equal Employment Opportunity Commission protects employees from discrimination in the workplace from discrimination based on religious beliefs, the Religious Freedom Restoration Act bills that have surfaced in some states have some employers unsure of where the lines of discrimination and freedom of religion meet. In fact, Human Resource Executive Online states that religious conflict is the fastest growing area of discrimination in the American workplace.

What you should know about wage garnishment

Wage garnishment is a term used to describe a legal procedure that allows a creditor to receive payment for a debt that is owed by having the employer deduct the money directly from an employee's paycheck before the employee ever receives it. The money that is deducted from the check is then sent directly to the creditor.

What you should know about whistleblower protection

A "whistleblower" is a term used to describe an employee who comes forward to report a violation of the law or to denounce a wasteful or illegal practice by an employer. Although the term itself appears as far back as 1934 when it was used by P.G. Wodehouse in "Right Ho, Jeeves," it became more mainstream during the early 1970s after Ralph Nader, a civic activist, used the term to avoid the negative stigma associated with terms, such as "informant" or "snitch."

Michigan discrimination case to return to federal court

The United States Supreme Court ruled on Jan.12, 2015, that a discrimination lawsuit filed against the Kalamazoo County Road Commission by a former equipment superintendent can now return to federal court. The Supreme Court ruled that a 2014 decision issued by an appeals court stand. According to court records, an appeals court judge reportedly remarked that it was plausible that the man, who is Hispanic, had initially been set up to fail and that it didn't matter that he had applied for the job before.

Mary Mahoney plays key role in employment case involving marijuana

The Michigan Court of Appeals recently interpreted state laws to determine whether an employee who possesses a medical marijuana card and is discharged after failing a drug test may be denied unemployment benefits.

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