Ask The Lawyer, He’s suing us, claiming we violated his rights.

LIFTING REQUIREMENT IN JOB DESCRIPTION MAY NEED TO BE MODIFIED QUESTION: The job description for a worker in the warehouse section of our business states he or she must be able to lift 40 pounds. However, we encourage workers to avoid lifting more than 30 pounds, if possible, and provide equipment to help workers lift anything really heavy. One of

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Ask The Lawyer, “No Toke?” By: Daniel A. Gwinn, Esq.

BLUNT ADVICE TO WORKER: DITCH THE WEED; EMPLOYER’S POLICY IS ‘NO TOKE’.’ QUESTION: After a minor accident at work, one of my co-workers had to take a drug test – it’s company policy whenever there’s an accident. He tested positive for marijuana, and was fired. He said he wasn’t under the influence, but our supervisor said that didn’t matter. Since

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

DOGGING IT? WORKER CLAIMS PET RETRIEVER IS NEEDED AT WORK FOR ‘EMOTIONAL SUPPORT.’ QUESTION: I’m a manager at an engineering firm. Recently, one of our employees showed up at work with his dog, Samson, a large golden retriever, claiming the dog is his “emotional support” animal, and he is allowed by law to have him in the workplace. He produced

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Ask the Lawyer, JOINTLY LIABLE?

JOINTLY LIABLE? DEPARTMENT OF LABOR PROPOSES NEW ‘JOINT EMPLOYER’ TEST QUESTION: I am a manager at a business that regularly hires workers through a staffing agency to work on projects, alongside our direct employees. One of the staffing agency workers recently sued the staffing agency – and our company – for violating overtime laws. While we supervise the staffing agency

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Ask The Lawyer, WAS BOSS RIGHT TO FIRE HER?

SEPARATION ANXIETY KEEPS NEW MOM AT HOME – WAS BOSS RIGHT TO FIRE HER? QUESTION:  When my baby was born last year, I took 12 weeks of leave to bond with her. When it was time to return to work, I found I could not bear to be away from my little girl for more than a few hours: The

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Ask The Lawyer, Am I paying her enough?

LOW-LEVEL MANAGERS MAY GET SALARY BUMP UNDER DEPARTMENT OF LABOR PROPOSAL QUESTION: Back in 2016, before the presidential election, I read a lot about a higher minimum salary for managers. Then nothing happened. Last year I increased the salary I pay the manager of a boutique I own to $34,000 a year. Am I paying her enough? ANSWER: Under current

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Ask The Lawyer, 10-HOUR DAY? TOO BAD! NO OVERTIME PAY REQUIRED

10-HOUR DAY? TOO BAD! NO OVERTIME PAY REQUIRED QUESTION: A few weeks ago I took a Monday off as a paid personal day, and then worked four ten-hour days to make up for the work I had missed. I thought I’d get some over time, since I worked over my regular schedule all week, but the boss says no. ANSWER:

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Ask The Lawyer, CAN EMPLOYER ASK ABOUT CRIMINAL CONVICTION?

CAN EMPLOYER ASK ABOUT CRIMINAL CONVICTION? QUESTION: I heard that Gov. Snyder signed a “ban the box” law last year, forbidding employers from asking job applicants about their criminal history. Does this mean I won’t be able to know if the candidate I hired is a felon? ANSWER: The executive directive, issued by former Gov. Rick Snyder last September, applies

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Ask The Lawyer, “Love Contracts?”

“LOVE CONTRACTS” PUBLICIZE YOUR PERSONAL RELATIONSHIPS AT WORK – AND RAISE MANY QUESTIONS By Daniel A. Gwinn, GWINN LEGAL PLLC QUESTION: I manage a small bistro. I recently started dating one of our servers. It’s going really well, but the owner told me I need to sign a love contract, stating I am in an “intimate personal relationship” if we

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