Attorney Angela Walker on COVID-19, advising employees, and the practice of law. This article was originally prepared for the Institute for Continuing Legal Education March 27, 2020. The original post can be found here.
Responding to the Coronavirus Outbreak as legal professionals means constant monitoring so that we can provide clients and callers with the most up-to-date information and advice possible. The Families First Coronavirus Response Act has temporarily expanded paid leave rights in two important ways: creating a paid sick leave benefit for certain workers affected by the outbreak and a 12 week paid caregiver leave for parents caring for minor children during school closures. How does it work? Continue reading “Families First Coronavirus Response Act”→
The Michigan Supreme Court issued Administrative Order 2020-2 on March 18, 2020. The Order would supersede certain local administrative orders attempting to respond to the Coronavirus outbreak on a courthouse-by-courthouse basis. The new administrative order applies to all Michigan Courts and severely restricts all in person hearings in all but absolutely necessary cases. Highlights of the AO include: Continue reading “Michigan Courts and COVID-19”→
Michigan Unemployment Benefits Expanded in Response to COVID-19 Outbreak
Confronting the COVID-19 outbreak has raised many questions among Michigan Workers, many are struggling with unique job interruption issues: lay-offs, work-stoppages, individual medical leave, or caregiver leave. Governor Gretchen Whitmer signed an Executive Order late Monday expanding or confirming unemployment eligibility for Michigan workers impacted by the Coronavirus Pandemic.
Blanchard & Walker lawyers have been fighting for over a decade to secure the rights of cable technicians and other laborers who have been deprived of overtime pay by the use of “independent contractor” labels. Still, we are amazed by the depth of the problem and astonished to hear how extreme and widespread the abuse of “independent contractor” classifications has become. Continue reading “Blanchard & Walker: Fighting Payroll Fraud for Independent Contractors”→
“Day-rate” regulations under the Fair Labor Standards Act (“FLSA”) are very clear: “day-rate” workers” are entitled to additional pay for hours worked over forty in a week. The Department of Labor Regulation, 29 C.F.R. § 778.112, requires that when employees paid on a day-rate work more than forty hours in a week, their hourly rate is calculated by totaling all money received in the workweek and dividing by the total hours actually worked in that week. Such employees are then entitled to an overtime half-time premium for all hours worked over forty that week. Continue reading “Blanchard & Walker PLLC : Workers on a “Day-Rate” Pay System are Still Owed Overtime Pay.”→
“Day-rate” regulations under the Fair Labor Standards Act (FLSA) are clear: “day-rate workers,” such as retail display assembly workers, are owed an additional half-time pay for hours worked over 40 in a week.
Blanchard & Walker PLLC Payroll Fraud Case Pending: Plaintiff worked doing construction and demolition of merchandizing fixtures for DisplayMax aka FixtureMax, servicing big box stores such as AutoZone and Meijer. Even though she worked more than ten hours a day, six or seven days a week, she was paid only a straight day-rate for each day worked—without the overtime pay required by law. “Day-rate” regulations under the Fair Labor Standards Act (FLSA) are very clear: “day-rate” workers are entitled to an additional half-time pay for hours worked over forty in a week. Plaintiff in the federal court lawsuit alleges she is owed the FLSA-mandated half-time premium for all overtime hours, and brought the case so that all similarly situated employees of DisplayMax and FixtureMax will have an opportunity to opt-in and recover the overtime pay legally owed to them. Blanchard & Walker lawyers are currently taking calls with impacted workers to investigate the scope of the pay practices at issue.