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Proposal Would Limit the Reach of Non-Compete Agreements for Low-Wage Workers

House Commerce Committee Hearing on HB 4874

A bill under consideration in the Michigan Legislature would limit the most abusive forms of overreaching of “non-compete agreements” and end unfair restrictions on low-wage workers.  At a recent committee hearing, B&W Attorney David Blanchard was on hand to testify on behalf of the Michigan Association for Justice – discussing the impact of these restrictions on low wage workers and the drag they have on the Michigan economy. Read MIRS Coverage on HB 4874. Continue reading “Proposal Would Limit the Reach of Non-Compete Agreements for Low-Wage Workers”

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 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.”

Blanchard & Walker PLLC: Federal Lawsuit Alleges “Day-Rate” Workers Deprived of Overtime Pay for 70+ Hour Weeks

Display Assembly Workers Deprived of 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.

Bonus reading: The Case for Good Jobs

Blanchard & Walker Law PLLC: Ruling Provides Warning for Mandatory Handbook Restrictions

Administrative ruling sends a warning shot for overreaching and oppressive employment contracts.

Blanchard & Walker clients win in case tried under the National Labor Relations Act. Trial verdict provides a warning for employers seeking to impose workplace communication restrictions.

The Motor City Pawn Brokers ruling confirms that oppressive handbook requirements banning everything from communications with former employees to social media postings violate the National Labor Relations Act, and firing people for Continue reading “Blanchard & Walker Law PLLC: Ruling Provides Warning for Mandatory Handbook Restrictions”

ACLU calls charges against Michigan Senate candidate unconstitutional

MLive reports on the latest court filing in the prosecution of Anuja Rajendra for political speech;  Blanchard & Walker Attorneys David Blanchard and Frances Hollander on the brief.

When the law overreaches into constitutionally protected speech, ACLU cooperating attorneys step forward.  Continue reading “ACLU calls charges against Michigan Senate candidate unconstitutional”

Blanchard & Walker PLLC: Department of Justice Announces $84.5 Million Qui Tam Lawsuit Settlement With Beaumont Hospital

The Department of Justice’s healthcare fraud settlement with William H. Beaumont Hospital is among the largest against any Michigan hospital.  The settlement resolves claims that the health care giant of southeastern Michigan maintained improper referral relationships with doctors and other medical facilities, cultivated a culture that enticed physician referrals with kickbacks, and engaged in other conduct constituting Medicare and Medicaid fraud.

Continue reading “Blanchard & Walker PLLC: Department of Justice Announces $84.5 Million Qui Tam Lawsuit Settlement With Beaumont Hospital”

Class Action Certified in Hungry Howie’s Pizza Delivery Driver Lawsuit

Pizza Drivers claim franchises take an illegal  slice out of every driver’s pay

Under-reimbursement of pizza delivery drivers violates state and federal minimum wage laws – that’s the allegation in a Blanchard & Walker PLLC case recently certified for class action status in the Eastern District of Michigan (read the order here).  Continue reading “Class Action Certified in Hungry Howie’s Pizza Delivery Driver Lawsuit”

Legal Work on the Cutting Edge of Employment and Civil Rights Issues

Blanchard & Walker, PLLC, currently has paralegal and administrative support opportunities available in our Ann Arbor office. To apply, please mail a paper resume and cover letter c/o BW Hiring Committee. Blanchard & Walker, PLLC is an equal opportunity employer. Continue reading “Legal Work on the Cutting Edge of Employment and Civil Rights Issues”

Michigan Settlement Reached in Unemployment “Robo-Fraud” Lawsuit

Blanchard & Walker has obtained a far-reaching settlement with the state of Michigan regarding the past, present, and future handling of unemployment claims in Michigan.  We have fought this fight for nearly two years on behalf of our clients – the UAW, Detroit’s Sugar Law Center for Economic and Social Justice, individual UIA claimants – and on behalf of all Michigan workers.  Today, the Court confirmed an unprecedented settlement and restructuring agreement with the State.  Read it here: Zynda ORD 2017-02-02 Robo Fraud Settlement and Dismissal.   Here are some of the things that we have achieved today on behalf of Michigan UIA claimants:  Continue reading “Michigan Settlement Reached in Unemployment “Robo-Fraud” Lawsuit”

Federal Court Order Halts Collection Activity on Unemployment Robo-Fraud Cases

A Federal Court Order issued January 11 will halt income tax garnishments and other collection activity for unemployment “robo-fraud” victims until there is an individualized staff review and the fraud finding is confirmed. The Order, entered by stipulation on January 11, 2017, is a huge victory for our clients and for all those affected by faulty robo-fraud determinations from October 2013 to August 2015. Continue reading “Federal Court Order Halts Collection Activity on Unemployment Robo-Fraud Cases”