{"id":16368,"date":"2022-03-04T15:55:37","date_gmt":"2022-03-04T20:55:37","guid":{"rendered":"https:\/\/berrymoorman.com\/?p=16368"},"modified":"2022-03-07T16:27:45","modified_gmt":"2022-03-07T21:27:45","slug":"employment-myths-busted-again","status":"publish","type":"post","link":"https:\/\/berrymoorman.com\/employment-myths-busted-again\/","title":{"rendered":"Employment Myths Busted… Again"},"content":{"rendered":"[et_pb_section admin_label=”section”][et_pb_row admin_label=”row”][et_pb_column type=”4_4″][et_pb_text admin_label=”Text” background_layout=”light” text_orientation=”left” use_border_color=”off” border_color=”#ffffff” border_style=”solid”]\n

The Internet\u2019s vast resources provide employees with access to information about employment laws and regulations \u2013 which may be inaccurate or taken out of proper context. This is becoming increasingly true in response to employers\u2019 handling of COVID-19 restrictions, vaccination mandates, and work from home policies. Below is the truth about some common myths new and old:<\/p>\n[\/et_pb_text][et_pb_accordion admin_label=”Accordion” use_border_color=”off” border_color=”#ffffff” border_style=”solid”]\n[et_pb_accordion_item title=”Myth: Employers are required to provide lunch and rest breaks.”]\n

Lunch and rest breaks are not required, but common sense dictates that nature does call and most employers provide them.
\nHowever, Michigan law requires that employees under 18 be provided a documented 30-minute uninterrupted break for every 5 hours of work.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Lunch breaks are \u201ctime worked\u201d for purposes of calculating overtime.”]\n

Unless required by contract or collective bargaining agreement, bona fide meal periods (30 minutes or more) are not counted as hours worked provided employees are completely relieved from their duties.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Employers must pay their employees overtime pay if they work on weekends or holidays.”]\n

 <\/p>\n

Unless required by contract or collective bargaining agreement, overtime pay is not required for weekend or holiday work unless an employee works more than 40 hours in the same workweek and is a non-exempt employee.\u00a0\u00a0Michigan law does not require employers to pay overtime if an employee works more than 8 hours a day, provided the employee still does not work more than 40 hours a week.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: All salaried employees are exempt from overtime.”]\n

In order to be exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act, employees must be paid on a salary basis (currently not less than $684 per week) and be employed in one or more of the exempt job titles: executive, professional or administrative, computer professional or outside sales.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Employer can dock exempt employee salary.”]\n

Exempt employees must receive a predetermined amount of compensation each pay period, which cannot be reduced except for:
\n\u2022 absence from work for one or more full days for personal reasons other than sickness or disability;
\n\u2022 for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness;
\n\u2022 to offset amounts employees receive as jury or witness fees, or for military pay;
\n\u2022 for penalties imposed in good faith for infractions of safety rules of major significance; or
\n\u2022 for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Employers may make deductions to hourly employee wages.”]\n

Under Michigan law, except for those deductions required or expressly permitted by law or by a collective bargaining agreement, an employer shall not deduct from the wages of an employee, directly or indirectly, any amount without the written consent of the employee.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Employers may prohibit employees from discussing wages \u2013 Shhhh!”]\n

Employees are free to discuss wages among themselves under the Michigan Wages and Fringe Benefits Act and under the National Labor Relations Act.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: All employers must offer COBRA coverage.”]\n

Generally, an employer is exempt from COBRA requirements if it had fewer than 20 employees on at least 50% of its typical business days in the entire previous calendar year.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: All employers are covered under Title VII of the Civil Rights Act and the Americans With Disabilities Act (\u201cADA\u201d).”]\n

Title VII and the ADA only cover employers that employ 15 or more individuals.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Title VII and the ADA only cover employers that employ 15 or more individuals.”]\n

Unlawful harassment does not include personality conflicts, bad behavior, or quirky conduct not directed at a protected class of persons.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: An employer may designate an individual as an \u201cindependent contractor\u201d by using those magic words (or via an express contract).”]\n

Generally, whether an individual is an employee or independent contractor is determined by applying the economic-realty test which includes factors such as whether the employer controls the individual\u2019s duties or performance.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Generally, whether an individual is an employee or independent contractor is determined by applying the economic-realty test which includes factors such as whether the employer controls the individual\u2019s duties or performance.”]\n

Private employers may lawfully impose vaccination mandates as a condition of hire or continued employment, so long as it provides employees limited medical or religious exemptions.\u00a0\u00a0Medical and religious exemptions do not include mere medical or political philosophies and preferences. If an exemption is claimed, an employer may inquire into an employee\u2019s past medical history and evidence of religious-based denial of vaccinations or other medicine.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Employers have to provide paid sick leave for employees who contract COVID-19.”]\n

Absent terms in an employment contract or collective bargaining agreement, employers are not required by law to provide paid sick leave to employees who are sick with COVID-19.\u00a0\u00a0For a limited period of time the Families First Coronavirus Response Act applied to certain employers and required paid leave; however, this Act was only temporary and has no effect now.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: Employers have to let me work from home if I feel unsafe returning to the office.”]\n

Employees may feel unsafe returning to in-person work, but employees cannot demand to work from home because they claim to feel unsafe.\u00a0\u00a0A request to continue working from home may be appropriate though if an employee has a medical condition which puts them at risk for severe illness or complications from COVID-19. Even then, employers are only required to provide reasonable accommodations to that employee. If working from home is not a reasonable accommodation, an employee\u2019s request may be legally denied.
\nEmployers should, however, be careful to comply with all governmental safety regulations for in-person work as it relates to COVID-19.<\/p>\n[\/et_pb_accordion_item][et_pb_accordion_item title=”Myth: It\u2019s illegal for employers to ask employees for proof of vaccination.”]\n

Employers may ask for proof of vaccination from employees. Documentation of this information should be kept separate from personnel files.<\/p>\n[\/et_pb_accordion_item]\n[\/et_pb_accordion][et_pb_text admin_label=”Text” background_layout=”light” text_orientation=”left” use_border_color=”off” border_color=”#ffffff” border_style=”solid”]\n

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Non profit text on missing puzzle background.<\/p><\/div>\n

As demonstrated above, common sense and common \u201cknowledge\u201d are not often accurate barometers of what the law actually permits or prohibits. Many legal questions are not as straight forward as they seem and cannot always be answered by a simple Internet search. Don\u2019t let employment law myths expose your business to liability. For experienced and thorough guidance in labor and employment matters, contact attorneys from Berry Moorman\u2019s Labor and Employment Group<\/a>.<\/p>\n[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]\n","protected":false},"excerpt":{"rendered":"

The Internet\u2019s vast resources provide employees with access to information about employment laws and regulations \u2013 which may be inaccurate or taken out of proper context. This is becoming increasingly true in response to employers\u2019 handling of COVID-19 restrictions, vaccination mandates, and work from home policies. Below is the truth about some common myths new […]<\/p>\n","protected":false},"author":9,"featured_media":16374,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[143],"tags":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/berrymoorman.com\/wp-content\/uploads\/2022\/03\/bmo-le-post.jpg?fit=2000%2C1333&ssl=1","jetpack_shortlink":"https:\/\/wp.me\/p4AtYJ-4g0","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/posts\/16368"}],"collection":[{"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/comments?post=16368"}],"version-history":[{"count":0,"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/posts\/16368\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/media\/16374"}],"wp:attachment":[{"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/media?parent=16368"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/categories?post=16368"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/berrymoorman.com\/wp-json\/wp\/v2\/tags?post=16368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}