Employment Lawyer in Bingham Farms, Michigan

First, document everything — your hours, pay stubs, and any messages about work time or pay. Then, talk to an employment attorney before filing a complaint. In Michigan, employees can bring claims under both federal law (FLSA) and state law, which often provides additional protections. The law also prohibits your employer from retaliating if you raise a wage or overtime issue. At Batey Law Firm, we help employees across Michigan understand their rights and recover what they’re owed — without fear of retaliation or “burning bridges.”

Not necessarily. Many employers misuse the “salaried” label to avoid paying overtime, but under the FLSA, your job duties — not your title or pay structure — determine whether you’re exempt. You might be exempt if you: Manage other employees and Have real decision-making authority and Earn at least $684 per week (as of 2024) But if you mainly do hands-on work or follow instructions rather than make major decisions, you may still be owed overtime pay — even if you’re salaried.

No. Any work you’re required — or even allowed — to do for your employer must be paid. That includes things like: Finishing reports after your shift Answering work texts or emails at home Putting on or taking off protective gear before or after your shift Bottom line: If your employer benefits from your time, that time should be paid. You can’t legally “volunteer” to work for a private employer.

Under the FLSA, you must be paid 1.5 times your regular rate for every hour worked over 40 in a workweek — unless you’re exempt. Common overtime violations we see include: Calling someone “salaried” to avoid paying overtime (that label alone doesn’t make you exempt). Asking employees to “clock out and finish up” — which is still compensable time. Averaging hours across multiple weeks to avoid overtime (not allowed). If you regularly work more than 40 hours and don’t see overtime pay, your employer may be violating the FLSA — even if they insist it’s “company policy.”

The Fair Labor Standards Act (FLSA) is a federal law that sets the ground rules for how employees must be paid in the U.S. It covers things like minimum wage, overtime pay, recordkeeping, and child labor. Most Michigan workers are covered, whether you’re paid hourly or salary. But not everyone is — for example, certain managers, administrators, or professionals can be exempt from overtime pay rules. In plain English: The FLSA is there to make sure you’re fairly paid for your time and effort — and not overworked or underpaid by your employer.

Here’s how to do it the right way: Notify your employer as early as possible — Ideally 30 days in advance if it’s foreseeable (like surgery or a due date). Submit a formal request — Follow your company’s policy (they may have a specific form). Provide medical certification — Your doctor will likely need to fill out paperwork confirming the condition qualifies under FMLA. Stay in communication — Especially if your return date changes or you need intermittent leave. Your employer must give you a Notice of Eligibility and your FMLA rights—so if that doesn’t happen, something may be wrong.

The FMLA is a federal law passed in 1993 that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons. The goal? To balance work and family responsibilities without forcing you to choose between your paycheck and your health—or your family’s well-being. In Michigan, FMLA rights are often paired with state laws or employer policies, so it’s important to check what additional protections you might have too.

The FMLA gives you job protection and peace of mind: Up to 12 weeks of unpaid leave per year for qualifying reasons. Job protection — your employer must give you your same job or an equivalent one when you return. Continued group health insurance coverage — at the same cost you were paying before. Employers can’t fire, demote, or discipline you for taking FMLA leave. If they do? You may have a legal claim under retaliation or interference.

To qualify for FMLA (Family and Medical Leave Act) leave, you must meet a few key requirements: Your employer must be covered — Typically, this means they have 50 or more employees within a 75-mile radius. You must have worked there for at least 12 months — These don’t need to be consecutive months. You must have worked at least 1,250 hours in the 12 months immediately before your leave — That’s roughly 24 hours per week. Example: If you work full-time at a large healthcare system in Michigan and have been there over a year, you’re probably covered.

Yes. Michigan is an at-will employment state, so you can be fired at any time, with or without cause or warning, unless: You have an employment contract or union agreement. You're protected by civil rights laws, FMLA, ADA, or other legal protections. The termination violates public policy, like firing a whistleblower or someone who filed a safety complaint. However, many companies follow their own progressive discipline policies—if your employer promised written warnings or has a handbook that requires it, that may be enforceable. If you were fired without a warning and suspect discrimination or retaliation, you may still have a wrongful termination case.

Yes—constructive discharge is when your employer makes working conditions so intolerable that a reasonable person would feel forced to quit. In Michigan, you may still have a case even if you resigned. Examples include: Ongoing harassment or discrimination. Retaliation after filing a complaint. Failure to address a hostile work environment. Courts hold these claims to a high standard—you must show that no reasonable person would stay in your position. Document everything and get legal guidance before quitting if possible

Michigan law does not require employers to give breaks to adult employees (18+), but: If an employer does provide a break that’s less than 20 minutes, it must be paid. Meal breaks (30+ minutes) are typically unpaid unless you're required to work during the break. Exception: Minors (under 18) must receive a 30-minute break after 5 continuous hours of work. Even if not legally required, many employers provide breaks for productivity and morale. But if you’re forced to work through breaks or off the clock, that could lead to a wage and hour claim—and you should call Batey Law Firm immediately.

Great question—these are two separate but often linked violations: FMLA interference happens when your employer denies, discourages, or interferes with your right to take leave (like denying leave for a serious health condition or making you work while on leave). FMLA retaliation occurs after you’ve taken or requested leave and your employer punishes you for it (like firing, demoting, or reducing your hours). In Michigan, you're protected under the federal FMLA and also under state laws that may support medical leave or disability accommodation. If you suspect either interference or retaliation, you have a right to legal action.

No. The Michigan Whistleblowers’ Protection Act (WPA) protects employees who report legal violations—or even suspected violations—to a public body or law enforcement. Your employer cannot retaliate (fire, demote, harass, or discipline you) for: Reporting illegal conduct. Participating in investigations. Refusing to break the law. If retaliation occurs, you may be entitled to reinstatement, back pay, damages, and attorney fees. You don’t need to prove the employer actually broke the law—just that you reasonably believed they did.

Both laws protect employees from discrimination, but here’s the key distinction: ELCRA (Michigan’s Elliott-Larsen Civil Rights Act) is a state law. It applies to employers with just 1 or more employees and protects against discrimination based on race, sex, age, religion, national origin, height, weight, marital status, and more. Title VII is a federal law that protects against discrimination based on race, sex (including pregnancy and sexual orientation), religion, color, or national origin, but only applies to employers with 15 or more employees. Which one helps you? In Michigan, ELCRA is often stronger and broader. You can pursue claims under both depending on the situation, but ELCRA gives you more coverage locally.

Deadlines can be short (some 30–90 days). Call promptly so we can preserve claims and evidence.

Options can remain (timing issues, coercion, overbroad restrictions). Bring what you signed; we’ll review.

Often helpful and sometimes required by policy. If it isn’t safe—or hasn’t worked—we’ll map alternatives

Yes. At‑will doesn’t allow illegal reasons (discrimination, retaliation, leave/ADA issues) or breach of contract.