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  #1  
Old 04-30-2005, 12:23 AM
laborlaw laborlaw is offline
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Default Michigan Labor Law Posters

Employment law requires that employers post mandatory Michigan labor law posters. Each company must publish accurate and updated federal and state Michigan labor law posters. Michigan Labor Law Poster must Includes minimum wage, OSHA and employee right notices. Comply with Michigan labor laws and avoid citations. There are also Spanish versions of the Michigan labor law posters available online. Below is the list of required Michigan State and Federal Labor Law Posters.

The following Michigan State Labor law Posters must be posted to avoid citations.

OSHA- Health and Safety Protection
Discrimination Notice
Unemployment Insurance
Overtime Compensation Rules
Minimum Wage (parts 1 - 3)
Child Labor
Workers' Compensation
Whistleblowers' Protection Act
Right-to-Know/MSDS

Federal Labor Law Posters must be posted to avoid citations. List of the required Federal Labor Posters are listed below:

Equal Employment Opportunity is the Law Poster for Michigan
Employers Holding Federal Contracts or Subcontracts Applicants to and employees of companies with a Federal government contract or subcontract are protected under the following Federal authorities: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.
INDIVIDUALS WITH DISABILITIES
Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of disability and requires affirmative action to employ and advance in employment qualified individuals with disabilities who, with reasonable accommodation, can perform the essential functions of a job.

Federal Minimum Wage Labor Law Poster for Michigan
Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer. Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

Employee Polygraph Notice Labor Law Poster for Michigan
The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.
PROHIBITIONS
Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or
discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act.
EXEMPTIONS*
Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private
individuals engaged in national security-related activities. The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and
dispensers. The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer.
EXAMINEE RIGHTS
Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to
unauthorized persons.
ENFORCEMENT
The Secretary of Labor may bring court actions to restrain violations and assess civil penalties up to $10,000 against violators. Employees or job applicants may also bring their own court actions.
ADDITIONAL INFORMATION
Additional information may be obtained, and complaints of violations may be filed, at local offices of the Wage and Hour Division, which are listed in the telephone directory under U.S. Government, Department of Labor, Employment Standards Administration.
THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.
*The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests.

Federal OSHA "It's the Law" Labor Law Poster for Michigan
The Occupational Safety and Health Act of 1970 (OSH Act), P.L. 91-596, assures safe and healthful working conditions for working men and women throughout the Nation. The Occupational Safety and Health Administration, in the U.S. Department of Labor, has the primary responsibility for administering the OSH Act.

Uniformed Services Employment and Reemployment Act of 1994 (USERRA) Labor Law Poster for Michigan
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993 Labor Law Poster for Michigan
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances.
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Old 09-23-2007, 10:59 PM
mrg3377 mrg3377 is offline
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Default exempt or non-exempt?

I have been managing a car wash with 5 full time employees. When I was hired almost 4 years ago I was told to work from 8-5 six days a week on a salery basis. My first week I had two employees working a shift and it just wasn't busy enough for two so I scheduled just one and myself. since then ive always worked just as the other hourly employees have. I did this to save money for the owner.
I work now from 7AM to 2PM with one other employee mostly spraying and brushing off vehicals. At 2:00 the second shift comes in and I then do my managing responsibilities such as bank deposits, ordering supplies and overseeing the operation. I work from about 3:00 to 4:00 or until the second shift can be left alone and I leave work always being on call in case anything in the wash breaks down and then I have to come back in.
My first question is...Am I still an exempt saleried empoyee since I work the first 7 hours physically washing the vehicals?

My second question involves time off. September is usually a slow month and I wanted to visit my family for a couple days in the week. I called the owner and asked for a couple days off. He gave me paid days off the previous year so I figured he would do the same this time. I worked a partial day on Monday and was back Thursday morning. When I received my check he had docked me for three days. Is this legal since I only had one day vacation left and he docked for two days?

I only have one more question....The owner and I had an arguement about the time I took off and the discrepancy in my pay. There was a lot of yelling involved and name calling, he then told me "find another job". I then told him I can't because I work pay check to pay check and can't afford to quit. He obviously dosen't want to pay unemployment while I look for another job. Can someone please give me some advice? Thanx
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Old 09-24-2007, 04:10 AM
Spider64 Spider64 is offline
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From what I have read here, your employer doesn't have a say in if you get UI or not. That's up to the UI agency. HTH.

Dawn
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Old 09-24-2007, 05:53 AM
moburkes moburkes is offline
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I'm not exactly sure when you didn't work and when you did, but if your paycheck is wrong, contact the department of labor for your state. But, vacation time is not required.
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Old 09-24-2007, 05:56 AM
Pattymd Pattymd is online now
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mrg3377, it would have been more appropriate to start your own thread, rather than tack your question onto a generic, informational post.

In any case, to answer the question about your exempt status, if your primary duty was supposed to be managing the car wash, but you, in fact, spent more than half your time performing nonexempt work, that would generally invalidate the exemption and you would be owed overtime pay. You can file a claim back 2 years (I think) with the state Dept. of Labor.
Having said that, though, did the owner know that you were doing this? At your rate of pay, it might have cost less to hire a minimum wage worker for the busier times than to pay you overtime.

Regarding your vacation, as an exempt employee (discounting the discussion above), your salary cannot be docked for a partial day absence unless intermittent FMLA is being utilized. You worked a partial day on Monday, so that day had to be paid in full. You had one day vacation time on the books, so let's assume that half that day was used for Monday's absence. You had then half a day vacation time left and that either could have been paid (since you didn't work Tuesday or Wednesday) or saved. Either way, you should not have been docked more than 2 days' pay.

Regarding "quitting", it's very unlikely you would get awarded UI benefits if you quit. Now, if you file a claim for the incorrectly docked salary, and/or for overtime because of the (assumed) misclassification of your status, you would be protected from being fired as retaliation for the claim by whistleblower protection laws. Doesn't mean the employer wouldn't fabricate another reason for firing you, but judges have a way of seeing through that, especially since you didn't have any problems with your boss prior to this, and how he acted when you brought the salary discrepancy to his attention.

Last edited by Pattymd; 09-24-2007 at 05:59 AM.
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