ON THE JOB ISSUES

SCROLL DOWN for information concerning the following issues:

  • WAGES & PAYCHECKS

  • ADVOCATING FOR WORKPLACE IMPROVEMENTS

  • SAFETY & HEALTH ON-THE-JOB

  • DISCRIMINATION

  • RETALIATION

Strict time limits exist for filing for benefits and filing any complaints, charges and otherwise asserting your rights.  Consult with the involved agency and/or an attorney as needed to ensure that all time limits are met and that your rights are protected. 

WAGES & PAYCHECKS

Rights

  • You have a right to receive the full amount of wages that you have earned.

  • Wage theft occurs in many forms. It may arise from charging:

    • charging business expenses to employees,

    • not paying for all hours worked,

    • not paying overtime hours,

    • requiring off-the-clock work,

    • rounding hours up and down,

    • taking improper deductions,

    • charging business losses to employees,

    • miscategorizing employees as volunteers or students,

    • not paying overtime on a weekly basis,

    • paying workers under two separate companies for work at different locations,

    • charging of certain expenses to employees,

    • paying less than prevailing wages at certain jobsites,

    • not paying for certain types of travel time,

    • taking employee tips, and

    • a host of other ways.

    An example includes:

    • Requiring employees to pay for masks, gloves, hand sanitizer, santizing wipes, etc. or deducting the costs of these items from employees’ paychecks. Generally, employers are prohibited from deducting the costs of necessary safety equipment and the costs of necessary business expenses from an employees’ paycheck.

  • Unless required or permitted by another law, Michigan’s Payment of Wages and Fringe Benefits Act (PWFBA) prohibits employers from taking deductions from your paycheck without your prior “full, free, and written consent.” Beware of any new deductions and inquire regarding any deductions that you do not understand.

    • Michigan’s PWFBA prohibits employers from demand or requiring an employee to pay a fee or other money as a condition of employment or as a condition of continuing employment.

    • When asked to sign any agreement permitting the employer to make deductions from your paycheck, be certain that you know that the deductions are permitted under the law and if you are uncertain, promptly consult an attorney.

  • Deductions that take an employee’s wages below the minimum wage or below the minimum overtime rate are also generally prohibited by the federal Fair Labor Standards Act and the Michigan Improved Workforce Opportunity Wage Act.

FILING A COMPLAINT:

  • A complaint may be filed ONLINE at the MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY, WAGE & HOUR DIVISION’s website.  Click here to file online with the Wage & Hour Division. Consult an attorney for to know your rights concerning filing a lawsuit in court.

  • CALL the U.S. DEPARTMENT OF LABOR, WAGE & HOUR DIVISION at 1-866-487-9243 for information or to file a complaint. Consult an attorney for to know your rights concerning filing a lawsuit in court

hOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE MICHIGAN:

  • While persons in every state are covered by the federal Fair Labor Standards Act. Not all states have their own paycheck protection or minimum wage laws.  Click here for a listing of state agencies in other states that enforce paycheck and wage laws and contact those agencies for more information.

Safety & Health On-the-Job

Rights

  • You have a right to a safety and health in the workplace.

  • In Michigan, the Michigan Occupation Safety and Health’s general duty clause requires employers to “furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee.” MIOSHA standards require employers to assess the workplace and determine whether hazards are likely to be or become present.

    • MIOSHA also has permanent rules requiring personal protective equipment where necessary to protect against exposure to serious hazards and requiring employers to keep all workplaces in a sanitary condition.

  • Important note: MIOSHA and the federal rules are minimum standards whereby if an employer is not in compliance, they should not be open and doing business.

    • Decent employers always exceed these standards to account for hazards presented at a particular workplace.

  • If you believe that your employer is failing to provide necessary protective equipment, failing to maintain sanitation standards, or is otherwise jeopardizing your safety and health, you can and should file a complaint with the Michigan Occupational Safety Administration. Complaints may be filed anonymously, although they are more likely to be acted upon if you are willing to be identified. If your employer retaliates against you for filing a complaint, you can also file a complaint on this basis and should consult an attorney.

FILING A COMPLAINT:

  • For violations, a complaint may be filed ONLINE. with the MICHIGAN’S OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION.  Click here to file a complaint online. You can also download a form that can then be MAILED OR FAXED to:

    Michigan Dept. of Labor and Econ. Opportunity

    MIOSHA General Industry Safety and Health Div.

    P.O. Box 30644

    Lansing, MI 48909-8144

    Fax: (517) 284-775

    Phone: (517) 284-7750

hOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE MICHIGAN:

Advocating for Workplace Improvements

Rights

  • You and your co-workers have a right to talk about workplace concerns, including safety and health concerns, and to raise those concerns with your employer.  These actions are protected by Sec. 7 of the National Labor Relations Act (NLRA).

    • It is important to make clear that any concerns raised are on behalf of yourself and other co-workers. You are only protected when you and your co-workers are acting together.  One spokesperson may raise the concerns, but they are only protected if the concerns are raised on behalf of themselves and others.

    • If you and/or your co-workers are retaliated against for raising workplace concerns, you can file a charge with the federal government’s National Labor Relations Board.

  • Section 502 of the NLRA also prohibits employers from firing or replacing workers, who acting together, and in good faith stop working “because of abnormally dangerous conditions for work at the place of employment of such employee or employees.” It is important that the abnormally dangerous conditions objectively exist, before the protection applies. Note however, the extent to which workers will be protected by the President’s National Labor Relations Board for work stoppages due to unsafe conditions is highly debated and uncertain.

FILING A CHARGE:

  • Charges can be filed ONLINE with the National Labor Relations Board.  Click here to file a charge online. For information regarding filing with the NLRB, call them at 1-866-6572.

PERSONS OUTSIDE OF MICHIGAN:

  • The NLRA applies to all workplaces throughout the nation.

Discrimination

Rights

  • You have a right to a workplace that is free from unlawful discrimination. In general, this means that you cannot be discriminated against on the basis of your:

    • race and color,

    • religion,

    • national origin and ethnicity,

    • gender and sex (including pregnancy, sexual orientation, or transgender status),

    • age (40 or older),

    • disability, and

    • genetic information.

    Additionally and depending on the context and location, certain protections may also exist to protect against discrimination based on marital status, parental status, immigration status, political affiliation, military or veteran status, credit history, criminal records, and other categories.

  • Under federal and state law, workers have a right to be free from discrimination if they have certain medical conditions and suffer from certain illnesses. In most instances, this means that employers should reasonably accommodate the employee’s condition or illness.

  • Workplace discrimination happens in many forms and may be during the application, interviewing, hiring, employment, termination or post-termination stages of an employment relation and can be the result of stereotyping, biases, and ignorance. 

  • Federal and state law also protects you from retaliation for raising issues of unlawful discrimination and for asserting your rights.

  • If you have suffered such discrimination on the job, you should file a charge with either the U.S. Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR).

    • Strict time deadlines apply to the filing of discrimination charges. Therefore, it is important to promptly file with the EEOC or the MDCR. Contact these agencies or consult an attorney for more information on filing deadlines. 

FILING A CHARGE:

hOTLINE for spanish speaking workers

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE MICHIGAN:

retaliation

Rights

  • Michigan’s Whistleblower’s Protection Act protects workers from discharge or discipline if they have or were about to report a violation to government agencies.

  • You have a right to to exercise you workplace rights free from retaliation.  Workers rights that are found in federal or state statutes (laws passed by the U.S. Congress or state legislature) typically prohibit any retaliation against a worker for asserting those rights or filing a complaint with a federal or state agency. Examples include laws relating to workplace discrimination; occupational safety & health; workers compensation; paid medical leave; family medical leave have provisions prohibiting retaliation against workers.

FILING A COMPLAINT:

  • For retaliation when exercising a right found in federal or state law, contact the agencies that are responsible for enforcing the right at issue and consult an attorney.  See other sections for the agencies’ contact information.

PERSONS OUTSIDE MICHIGAN:

  • For retaliation in violation of federal laws, file a complaint with the appropriate federal agency. For violations of state laws, consult with an attorney in your state to determine whether you may have a claim for retaliation.

Injury, Illness & Caring for Others
Job Loss Issues