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Employment Law

The attorneys of JK. Winters P.C. understand the employer’s and employee’s role in a business setting. Asserting your rights in the workplace can be challenging and intimidating. Our attorneys have experience advocating for employers and employees. We are ready to review your current business operations, assist you with developing policies that regulate such topics as discrimination, investigate employee conduct, establish employee relationships, and much more.  All businesses use some type of employment law. Allow the attorneys of JK. Winters P.C. to work with you on such matters as:

Preventing Employment Discrimination

  • Advertising job openings
  • Pre-employment inquiries such as background and credit checks
  • Testing applicants (what is permitted or prohibited)
  • Immigrant employees
  • Child labor laws
  • Employee policy manuals
  • Required posting of federal and state employment laws
  • Americans with Disabilities Act
  • Elliot-Larsen Civil Rights Act

Employment Relationships

  • Types of employment relationships (i.e., at-will, just cause, discharge, CTC)
  • Employer’s status and formation of employment relationship
  • Employee’s status and formation of employment relationship
  • Presumptions at law and the employment relationship
  • Employment contracts such as Independent Contractor contracts, Non-Compete, Non-Disclosure, and others

Compensation and Fringe Benefits

  • Minimum wage requirements and overtime pay under the Michigan Minimum Wage Act and Fair Labor Standards Act
  • Fringe benefits
  • Leaves of absence

Personnel Files and Employment Records

  • Federal and state record keeping requirements
  • Document retention policies

Family Medical Leave Act (FMLA)

  • Covered employees for disability for FMLA
  • Circumstances under which FMLA leave may be sought
  • Recordkeeping requirements
  • Enforcement of FMLA rights

Evaluation and Discipline of Employees

  • Reviews
  • Discipline - oral and written
  • Employees’ right to know

Investigating Employee Conduct

  • Federal and State restrictions on investigating (i.e., eavesdropping, computer use, email, testing for drugs and otherwise)
  • Unionized employees

Workers Compensation

  • General overview of workers compensation law (including coverage, liability, administration)

Safety Issues

  • Michigan Occupational Safety and Health Act (MIOSHA)
  • Occupational Health and Safety Administration (OSHA)

Safety Issues – Controlling Workplace Violence

  • Workplace safety – the employer’s obligations, such as respondent superior
  • Negligent supervision and retention
  • Guidelines for avoiding workplace violence and liability associated with same

Union Organizing and Unionization

  • Unionized workforce
  • National Labor Relations Board
  • Issues associated with unionization

Severing the Employment Relationship

  • Grounds for termination
  • Discharge procedures
  • Employer self-evaluations
  • Negotiating severance of the employment relationship (i.e., termination contract)
  • Unemployment insurance
  • ERISA benefits
  • Hiring Practices
  • WARN notices

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