Assisting private & public sector employers with Employment Law.
Employment Law Attorneys
Employment Law Services
Employment Law - Extensive Legislation
Government at all levels has instituted multiple layers of legislation in the field of employment. The more traditional spheres of wages and work hours have been supplemented over the years by complex employment laws dealing with such issues as discrimination, hiring and firing, and sexual harassment.
As a result, almost every interaction between employer and employee, as well as among employees themselves, is subject to one or more laws.
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Employment Law Articles
Employers can no longer silence employees in exchange for a severance
When an employee is terminated, they are occasionally offered a severance agreement. There are multiple reasons for a severance offer.
How do you know if you’re really “Management”? Do I get Overtime?
What Is the Management or Executive Exemption Under the Fair Labor Standards Act (“FLSA”)? Under the Fair Labor Standards Act
Didn’t the minimum wage go up?
The Michigan Court of Appeals reversed a lower court opinion that would have raised Michigan’s minimum wage to $13.03 on
Local Employment Law Attorneys in Holland
You may need assistance. Employment law is more complex than ever.
Our Employment Law Services
All employers should have an Employee Handbook which covers employment basics, benefits, code of conduct rules, compensation, and more.Handbooks
Employers need to understand the implications of hiring independent contractors and ensuring you are not misclassifying an employee. The IRS defaults to the stance that all individuals are employees unless proven otherwise.Non W2 Employees
The Americans with Disabilities Act (ADA) continues to change and employers need to be diligent in ensuring they understand their obligations under the law.Disabilities
Sexual harassment claims come in the form of inappropriate touching, unwelcomed advances, sexual jokes, favors for promotions, and many more. We assist employers in reviewing their harassment policy and ensuring they are up-to-date with an ever-changing landscape.Sexual Harassment
Drug testing policies are still common in certain industries. We assist clients in evaluating their current policy and ensuring updates comply with new laws.Drug Testing
Our firm assists private & public sector employers in defending against worker's compensation claims.Workers Compensation
Occupational Safety & Health
Our Employment Law practice assists employers with understanding OHSA regulations.OSHA
The most common lawsuit filed against employers is for "Employment Discrimination and Wrongful Termination". Our attorneys assist clients in understanding employment law and requirements associated with terminating employees.Wrongful Discharge
Do your confidentiality / non-competition agreements protect the areas you need? We assist firms in understanding their risks and how to address them.Agreements
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lawful employee handbooks are critical
All employers should invest in creating an employee handbook which clearly documents your firm’s history, vision, values, policies, benefits, and procedures in a written format. This handbook should be readily available to all employees and employers should ensure each new hire receives a copy on day one. In fact, employers today should require every employee to provide a “written acknowledgment” they have received a copy of the handbook.
Employers should also have periodic reviews performed by outside counsel to ensure handbooks are up-to-date with new legislation in labor laws. Complex legal challenges move through the courts every year and it’s important your handbook is current.
Handbook Topics of Interest:
understanding employee classifications is key
It’s important employers understand employment laws related to independent contractors. The Department of Labor (DOL) has specific rules which govern independent contractors vs. employees as it relates to the Fair Labor Standards Act.
Independent contractors should be business owners who provide a general trade, profession, or service to the public. Independent Contractors can be guided or directed on the result of the work but their methods of work are not controlled by you.
understanding ADA requirements related to disabilities
Employers are required by law (Americans with Disabilities Act) to provide “reasonable accommodations” to qualified prospective applicants and employees with a disability. Requests for an ADA accommodation by an employee should immediately invoke an accommodation process to thoroughly review the request.
Cunningham Dalman assists employers in understanding the requirements of the law and how to evaluate “reasonable accommodations” within your industry / business. The United State Equal Employment Opportunity Commission (EEOC) reported that 36% of claims were disability related in 2020.
Common Topics of Interest:
harassment claims keep expanding in scope
Harassment claims in the workplace are becoming more common and sexual harassment needs to be addressed by in your anti-harassment policy. We still encourage employers to cover all forms of harassment in one policy but to include specific examples of “sexual harassment”. These examples should cover things like sexual jokes, inappropriate touching, sexual banter, and other inappropriate activities on or off company premises.
Areas of Concern:
drug legislation forcing firms to review drug testing policies
Workplace drug testing policies have been standard practice for many firms over the last 20-30 years. The new recreational marijuana laws trending across the United States (including Michigan) are causing many employers to update their drug testing policies and others to consider canceling them altogether. As of today though, the “Michigan Regulation and Taxation of Marijuana Act (MRTM) provides no limitation on a Michigan employer’s right to enforce a zero-tolerance marijuana policy.
Healthcare, transportation, and logistics firms are the most common to require regular drug screening but there are other reasons to consider it:
Drug Screening Reasons:
assisting employers across west michigan
Other Employment Issues
Our employment law attorneys assist clients in a number of areas related to general employment issues as well as safety. Here are a few other areas:
Expertise in Multiple Areas:
Employment Law FAQ
Most frequent questions and answers
- Employment Discrimination and Wrongful Terminations
- Discrimination Cases Filed by Customers, Suppliers, & other non-employees
- Wage & Hour Laws
- Breach of Contract
- Religious & Medical Accommodations
- Remote Workers – Privacy & Productivity Concerns
- Paid Family Leave Legislative Priorities
- Mental Health in the Workplace