On September 9, 2021, President Joe Biden announced his plan for private-sector businesses with 100 or more employees to mandate that their workers be vaccinated or undergo weekly testing. The soon-to-be-implemented federal mandate will be dictated by the Department...
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Have You Been Misclassified as an Independent Contractor? — Hurwitz Law – Michigan Employment Attorney
Employees have many legal protections that independent contractors simply do not get, including health insurance, paid sick days, overtime, disability plans, retirement benefits, occupational safety laws, and anti-discrimination safeguards. Recognizing the hardship...
Have a Professional Review Your Employment Agreement — Hurwitz Law – Michigan Employment Attorney
On November 24, 2020, the Michigan Court of Appeals issued an opinion in Sikkema v. Professional Benefits Service, Inc., which highlights why it is so critical to (a) have an employment law attorney review any offer letter, employment agreement, or compensation...
The Department of Labor Clarifies when Training Time is Compensable — Hurwitz Law – Michigan Employment Attorney
On November 3, 2020, the Department of Labor’s Wage and Hour Division published an opinion letter regarding when the FLSA requires employers to pay non-exempt employees (i.e., overtime eligible employees) for time spent in voluntary training programs. The general rule...
New COVID-19 Protections in Place for Michigan Employees — Hurwitz Law – Michigan Employment Attorney
On October 22, 2020, the Michigan legislature passed Public Act 238 of 2020, which creates several new protections for employees and is designed to “prohibit an employer from taking certain actions against an employee who does not report to work under certain...
Legal Victory for Outside Salesperson Misclassified as Overtime Exempt — Hurwitz Law – Michigan Employment Attorney
A salesperson with a job duty involving “outside sales” who is not compensated for overtime pay by the employer should be advised that the United States Sixth Circuit Court has recently clarified that overtime should indeed be paid under circumstances where the...