Author: Blanchard & Walker

How Do I Join a Class Action and How Does it Work for Me?

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What is a Class-Action Lawsuit?

Class Actions can have many benefits for employees and consumers.  At its most basic, a class-action allows for one court to  decide together in one case issues impacting many people, usually when the amount at issue is too little to attract competent counsel for individual cases but the number of people impacted by the alleged illegal practice may be very large.  When addressed together, the claims are sufficient to support a lawsuit – whether a Federal Court Class action or sometimes in state court.

How can I Join a Class-Action Lawsuit?

Participation in a Class Action depends on court approval or “certification” of the class. If you think you are potentially covered by a class action lawsuit, Continue reading “How Do I Join a Class Action and How Does it Work for Me?” →

Working off the Clock – Alro Steel FLSA Overtime Pay Lawsuit

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Federal Court Orders Notice to Alro Steel Employees in Nationwide Overtime Lawsuit

Blanchard & Walker sent the court approved notice to 2500+ Alro Steel employees who may have a right to seek recover for off-the-clock uncompensated time at Alro Steel facilities throughout the country. Federal District Court Judge Murphy for the Eastern District of Michigan, granted conditional certification and ordered notice of FLSA rights to opt-in for current and former warehouse employees of Alro Steel Corporation. Continue reading “Working off the Clock – Alro Steel FLSA Overtime Pay Lawsuit” →

The End of Forced Arbitration for Survivors of Sexual Assault and Sexual Harassment

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On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act. This law is one significant step forward in the fight to end arbitration contracts that deny access to the Courts for violations of fundamental workplace rights.

For far too long, countless survivors, workers, and consumers have been silenced by forced arbitration.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act nullifies “agreements between employees and their employers in which the employees waive their rights to sue in the case of sexual assault or harassment,” as reported by The Washington Post. More than 60 million Americans are subject to such clauses, often buried in the fine print of their employment contracts.

The Legal Details

Continue reading “The End of Forced Arbitration for Survivors of Sexual Assault and Sexual Harassment” →

MICHIGAN UNEMPLOYMENT OVERPAYMENT WAIVERS? FAQ’s: WHAT WE KNOW (AND WHAT WE DON’T)

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News Update: Promised Waivers fall short.  According to recent reporting, the waiver program was much smaller than promised.  Although waivers for 55,000 more claimants is a good step forward, it fell short of the 382,000 promised and as of May 12, 2022 there is still no explanation about when or if more will be coming.

Continue reading “MICHIGAN UNEMPLOYMENT OVERPAYMENT WAIVERS? FAQ’s: WHAT WE KNOW (AND WHAT WE DON’T)” →

UIA CLASS ACTION LAWSUIT-WHAT YOU NEED TO KNOW  

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Since the first lawsuit against the Unemployment Agency (UIA), the biggest question we get is “how do I join“. Potentially hundreds of thousands of Michiganders have been subject to illegal collection activity or had payments suspended as alleged in the Saunders and Kreps lawsuits. The short answer is that those potentially impacted must wait for court approval and will receive notice (more on this at how to join a class action).

10/26/2022 UPDATE: CLASS CERTIFICATION REQUESTED. Saunders Lawsuit Plaintiffs have submitted their Motion for Class Certification and await a ruling from the court.

To learn more about the allegations against the UIA collection practices, read on. Continue reading “UIA CLASS ACTION LAWSUIT-WHAT YOU NEED TO KNOW  “ →

Delivery Driver Class Action Lawsuits at Blanchard & Walker

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Many companies require workers to use their own cars for work, yet fail to reimburse their drivers adequately for the use of the car.  Here’s what you don’t know about Pizza delivery drivers.  Delivery drivers end up putting thousands of miles of wear-and-tear on their cars, paying for gas and repairs — before they realize the true cost of delivery driver work.  Continue reading “Delivery Driver Class Action Lawsuits at Blanchard & Walker” →

Should I be Getting Overtime Pay If I am Paid on Commissions?

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There is an “Commission Sales” overtime exemption under Fair Labor Standards Act, 29 USC Section 207(i)… but are those payments really “commissions”?

Under Section 207(i) commission sales employees are exempt from overtime requirements, but only if:

  1. the regular rate of pay of such employee is in excess of one and one-half times the federal minimum hourly rate (1.5 x 7.25/hr) , and
  2. more than half their compensation for a representative period (not less than one month) represents commissions on goods or services.  29 U.S.C. 207(i).

There are plenty of people that work under phony “commission plans” who actually should receive overtime pay at time and a half for their hours over 40.  Continue reading “Should I be Getting Overtime Pay If I am Paid on Commissions?” →

Public, Private Employers Roll Out Workplace Vaccination Requirements for In-Person Work

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As Michigan employers prepare for a return to in-person work, Michigan’s Universities are leading the way on vaccination policies. On July 30, 2021, Both Michigan State University and the University of Michigan rolled out mandatory COVID-19 vaccination policies for all employees (and students) returning to campus this fall.  Many hospitals and health-care settings have already announced similar policies.  With proper exemptions in place, mandatory vaccination policies Continue reading “Public, Private Employers Roll Out Workplace Vaccination Requirements for In-Person Work” →

Time Magazine: The Fight for Working Mothers

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SOUTHFIELD, MICHIGAN – Brown lost her job after requesting time away from work to care for her son and niece who had COVID-19. (Brittany Greeson for TIME)

Read about our client’s struggle in Time Magazine this week.  Tamara Brown was denied the right to work from home during the COVID-19 pandemic and fired for having child care responsibilities. Despite federal law and leave rights, employers who did not keep up with the law have done wrong to so many Michigan workers: fired when they should receive paid leave; forcing working moms to choose between family safety and a right to keep a job. Nobody should be forced to make that choice.

Continue reading “Time Magazine: The Fight for Working Mothers” →

COVID-19 Employment Law Updates and Legal Resources (Updated 12/21/2020)

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The COVID-19 pandemic continues to present many challenges for the Michigan workplace.  The law and circumstances are changing almost daily.  We are regularly monitoring and updating workplace rights resources we have found helpful.  Additional Blanchard & Walker Resource Pages and Factsheets provide more detailed discussion on specific COVID-19 topics:

Keep in mind this is not intended to be legal advice.  Legal rights in any individual case need to be evaluated in consultation with an attorney. Continue reading “COVID-19 Employment Law Updates and Legal Resources (Updated 12/21/2020)” →