Should You Be Getting Overtime Pay?

Most everyone knows that workers who are compensated hourly look forward to working more than 40 hours in a week. When that happens, these hourly workers receive “time-and-a-half” their regular rate of pay for all hours over 40. Conversely, many people believe that salaried workers can only receive the same flat rate of pay each pay period, regardless of the total amount of time actually worked.  This is actually Read More

Teachers and Others Who Have to Return to Work During This Pandemic: You May Be Able to Telework Under the Americans with Disabilities Act

As schools across the country are preparing to open up, I have seen that many educators are very concerned about returning to work due to COVID-19 - with good reason. If you have a medical condition which puts you at a high-risk for developing serious complications from COVID-19, you may be entitled to a reasonable accommodation at your place of work, including schools. The Americans with Disabilities Act Read More

Advice and Guidance from the EEOC on COVID-19 Protocols

As lockdowns stemming from COVID-19 have been ordered and lifted across Michigan and the country, it is clear that we will be living with this pandemic for quite some time. For employers, the pandemic and its effects have presented some challenges; for example, how do you enact (legal) measures that reduce some health risks while respecting the rights of employees (all while keeping the business running)? To both Read More

Constructive Termination Explained

There are a mix of federal and state laws which allow members of certain groups to work and apply for jobs without fear of being discriminated against due to their age, race, nationality, religion, and other protected classes. Of course, this does not mean that discrimination in hiring practices has been eliminated, but individuals who were passed over for jobs or terminated have a right to seek legal recourse by Read More

Handshakes and Verbal Contracts: Are They Enforceable?

Although it might seem that handshakes and other methods of verifying informal contracts are going out of style, the question of whether or not they count as a binding, enforceable contract still comes up in court. It is always better to get something in writing, but if you are wondering if that deal you sealed with a handshake (prior to social distancing) is legitimate, this blog will help you answer that Read More

Non-Compete Clauses and Their Enforceability

What are Non-Compete Clauses? You might have had to sign a non-compete clause (NCC), sometimes called a covenant not to compete, at your current or previous job. This clause, which continually generates controversy, bars employees from either starting a similar business or becoming employed in a similar profession during a specified period of time after their current employment ends. Many NCCs also specify Read More

The Worst They Can Do Is Say “No”

I have been fielding a lot of inquiries about whether people are eligible for any of the many programs out there, including many people applying for unemployment for the first time. As I have said before, the old rules don’t apply right now, so just because you thought that you would be ineligible for unemployment if “X” happened, things may have changed. So even if you think you might not be eligible for Read More

COVID-19 Related Funding Options for Independent Contractors and the Self-employed

If you worked as an independent contractor for a company (i.e., Uber, Lyft, Instacart  etc.), and receive a Form 1099 at the end of the year instead of wages reported on a W2, you might be confused about what your options are for receiving money from the government since you were not classified by your company as an "employee." But there is help for you, too. Here are some of the options available to you as of Read More

Overview of Available Benefits Under the Paycheck Protection Program

On Friday, March 28, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was officially signed into law.  This a historic, sweeping law that will do a lot for a lot of people, even though I’m sure not everyone is pleased with how the money is being distributed.   But I read the entire thing.  It took me most of an entire day, but I wanted to take the time to explain what’s in and what is Read More

What to Never Say to Your Insurance Company After an Accident

When it comes to communicating with a representative from your insurance company after a car accident or when filing a claim, less is more. Similar to the “anything you say can and will be used against you in a court of law” concept of criminal interrogation, you should generally refrain from saying anything you are not obligated to share with an insurance agent. The best practice is to always say exactly what Read More