Employment Law for Employers
Assisting private & public sector employers with Employment Law.
Cunningham Dalman has employment lawyers who specialize in assisting employees and employers.
Employment Law Services for Employers
Employment Law - Extensive Legislation
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Attorney Articles
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Employers commonly require employees to sign “non-competition” agreements. There are various forms of these agreements, but typically they prevent an
Damages in Wrongful Discharge Cases in Michigan
This post is from the materials produced by myself and Michelle P. Crockett, an attorney with the law firm of
Are You an Employee having issues with your employer?
You may need assistance. Employment law continues to change and we are here to help.
Employment Law for Employers
Employee Handbooks
All employers should have an Employee Handbook which covers employment basics, benefits, code of conduct rules, compensation, and more.
HandbooksIndependent Contractors
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 EmployeesDisabilities
The Americans with Disabilities Act (ADA) continues to change and employers need to be diligent in ensuring they understand their obligations under the law.
DisabilitiesSexual Harassment
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 HarassmentDrug Testing
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 TestingWorkers Compensation
Our firm assists private & public sector employers in defending against worker's compensation claims.
Workers CompensationOccupational Safety & Health
Our Employment Law practice assists employers with understanding OHSA regulations.
OSHAWrongful Discharge
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 DischargeConfidentiality Agreements
Do your confidentiality / non-competition agreements protect the areas you need? We assist firms in understanding their risks and how to address them.
AgreementsOur Employment Law Attorneys Can Assist You!
Looking out for you. Our attorneys are fully aware of today’s challenges!
lawful employee handbooks are critical
Employee Handbooks
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:
- Employment Basics - Information related to the types of employees at the firm (full-time, part-time), equal opportunity employer, recruitment and selection, background screening, referral process, and other basic employment topics.
- Workplace Policies - This area covers workplace harassment, workplace violence, confidentiality & data protection, and workplace safety & health.
- Code of Conduct - The company's office dress code, guidelines for using computers, phones, internet usage, social media usage, personal cell phone usage, use of corporate email, and other expectations.
- Compensation & Development - Guidelines for overtime hours, payroll, job responsibilities, employee training programs, job rotations, and how performance will be evaluated.
- Benefits & Perks - This section will layout policy details related to health benefits, eligibility for benefits, expense reimbursements, work from home guidelines, parking privileges, and other company benefits.
- Working Hours, PTO and Vacation - Handbook should clearly layout expected working hours, observed holidays, paid time off (PTO), sick leave, parental leave, and other topics specific to your firm.
- Employee Resignation and Termination - This section should cover your disciplinary process and steps your firm will make to ensure all employees understand their status. This can include specific language for resignations and how the firm will perform terminations if required.
understanding employee classifications is key
Independent Contractors
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.
Important Topics:
- W9s for Independent Contractors - Employers should ensure all independent contractors sign a W-9 before starting contractual work at your firm. A W-9 provides important tax information such as a tax ID number, social security number, or employer ID (EIN).
- Independent Contractor Agreements - Every independent contractor arrangement should have a signed agreement detailing out the requirements, pay, and information related to confidentiality, non-disclosure, and non-competition. Agreements should also cover ownership of copyrighted, trademarked, or patented work included in the contract. Lastly, you should always include a statement communicating the independent contractor is not an employee of your firm.
- Backup Withhold on Independent Contractor - If you regularly use Independent Contractors in your business, at some point you may receive a notice from the IRS related to backup withholding. This is also why it's a good idea to ensure all Independent Contractors sign a W-9 on day one.
understanding ADA requirements related to disabilities
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:
- Reasonable Accommodations - These can be as simple as a reassignment or transfer to another vacant position, realigning or changing the job roles for the position, or acquiring or modifying equipment. Every situation will be different and employers need to carefully review each request.
- Undue Hardship - The EEOC also recognizes certain requests can be so expensive or disruptive to the business and would ultimately be considered an "undue hardship" on your business. Employers should recognize their size & profitability can be factored into cases being challenged in court.
- Employee Accommodation Requests - Employers should implement a repeatable process for how these requests are handled to ensure each one goes through the proper steps. It is also recommended that organizations ensure all of their existing job descriptions clearly identify & list all of the requirements (including physical) required for each role. Physical requirements should detail any aspects related to standing or sitting for long periods during a shift and/or any specific lifting requirements.
harassment claims keep expanding in scope
Sexual Harassment
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:
- Filing a Complaint - Your policy should include instructions on how individuals can file complaints of harassment toward them or if they have witnessed the behavior by others.
- Investigating Complaints - Investigations should be conducted in a fair manner and review all sides of the matter. The policy should clearly protect the rights of all parties to the complaint and be consistent regardless of the parties involved. Investigations should follow a set of guidelines and be conducted in a consistent manner with documentation throughout the process.
- Corrective Action - Your policy should state what type of corrective action will be taken if inappropriate conduct is substantiated.
- Social Media - At a minimum, employers should make employees aware that inappropriate social posts fall under their anti-harassment policy if they can be seen by other employees, clients, and vendors.
- Retaliation - Your policy should also cover anti-retaliation against employees, witnesses, or anyone else filing a claim or participating in the investigation.
drug legislation forcing firms to review drug testing policies
Drug Testing
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:
- Promote Safety in the Workplace - Regular drug testing in the workplace has proven to promote safety and reduce the number of accidents.
- Company Liability / Exposure - Accidents do occur at work and it's important firms maintain a safe working environment. Regular drug testing and/or random drug testing are proactive steps companies can take to reduce their liability.
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:
- Workers Compensation - Cunningham Dalman represents a wide variety of private and public sector employers in every phase of a worker's compensation claim and litigation. Our attorneys will first thoroughly review the facts and then give you an honest evaluation of your case.
- Occupational Safety & Health - OSHA compliance is complex and ever-changing. We provide legal counsel in a number of matters, from OHSA compliance, protection of employer's interests during inspections, proactive steps in preventing citations, and defending against an open citation.
- Wrongful Discharge - Wrongful termination claims are common today and being brought against more & more employers. There are several federal and state laws which govern discriminatory employment such as the Age Discrimination in Employment Act (ADEA), Family Medical Leave Act (FMLA), Civil Rights Act of 1964, and the Americans with Disabilities Act (ADA) to name a few. Our attorneys can assist in defending you against these cases and/or assist in reviewing the steps for lawfully terminating an employee.
- Confidentiality and Non-Competition Agreements - These agreements are important to your business and should be focused on protecting your specific interests. We also encourage firms to ensure their employees understand non-disclosure / non-competition requests from outside parties should be reviewed by your firm's legal counsel.
Employment Law FAQ
Most frequent questions and answers for Employers
- Employment Discrimination and Wrongful Terminations
- Discrimination Cases Filed by Customers, Suppliers, & other non-employees
- Wage & Hour Laws
- Torts
- Breach of Contract
- Religious & Medical Accommodations
- Remote Workers – Privacy & Productivity Concerns
- Paid Family Leave Legislative Priorities
- Mental Health in the Workplace
