ON THE JOB ISSUES & THE CORONAVIRUS (COVID-19)

SCROLL DOWN for information concerning the following issues:

  • SAFETY & HEALTH ON-THE-JOB

  • DISCRIMINATION

  • RETALIATION

  • ADVOCATING FOR WORKPLACE IMPROVEMENTS

  • ADVOCATING FOR THE SAFETY & HEALTH OF THE PUBLIC

  • WAGES & PAYCHECKS

Please be aware that during the coming weeks, state restrictions on business activities are ending in many states. In Michigan, most restrictions will end on May 31, 2021. This means that employers can begin to require in-person work as orders requiring remote work begin to expire. Many government offices however, will continue to operate remotely through most of the summer. Therefore, state agencies may continue to be accessible only via telephone, websites, or email if at all possible.  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. 

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. Under these rules, employers are expected to make reasonable efforts to protect their employees from pandemic hazards measured against Centers for Disease Control and Prevention (CDC) guidelines.

    • MIOSHA also has permanent rules requiring personal protective equipment where necessary to protect against exposure to serious hazards; requiring employers to keep all workplaces in a sanitary condition; and addressing the risk of transmitting bloodborne pathogens.

    • MIOSHA had established an emergency rule addressing the risk of transmitting COVID-19 in the workplace. The emergency rule was in effect until October 14, 2021.

  • The federal OSHA has not developed an emergency rule of permanent standard directly addressing potential exposure to infectious diseases in the workplace. To date, it has only provided voluntary guidance.

  • 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:

ADDITIONAL OCCUPATIONAL SAFETY & HEALTH RESOURCES

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(Made possible by funding from the Michigan State Bar Foundation)

 

Discrimination

Rights

  • You have a right to a workplace that is free from discrimination.

  • Under federal and state law, workers have a right to be free from discrimination if they contract COVID-19. In most instances, this means that employers should reasonably accomodate the employee’s illness through measures including but not limited to remote work and time off.

  • Persons of Asian ethnicity and in some cases, older workers, persons with disabilities, and others are at increased risk of workplace discrimination as a result of stereotyping, biases, and ignorance regarding the spread of the virus or your susceptibility to contracting the virus. 

    • 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. 

  • Vaccines. The EEOC has issued guidance indicating that employers are able to ask if employees have been vaccinated and that employers may require vaccinations as a requirement to return to work. Where things get a bit more complicated is when the employer requests information concerning why an employee has not received a vaccine. An employer may inquire concerning the reason for not receiving the vaccine when having the vaccine is job-related and is consistent with a business necessity. Because of the risk of contracting the virus and an outbreak’s potential impact on business operations, employers will generally be permitted to make this inquiry when an employee has significant contact with other workers or with the public. When an employee has not been vaccinated, employers will generally only be required to reasonably accommodate the worker if the individual has another medical condition that prevents receiving the vaccine or where the individual has a sincerely held religious belief against vaccinations. Reasonable accommodations for such workers might include remote work, isolation from other workers or the public, staggered work schedules, or other measures. Accommodations witll not be required if they would cause an undue hardship to the employer.

    • Similarly, employers are generally permitted to screen workers for symptoms, require that temperatures be taken, and that employees wear masks in the workplace.

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.

  • In Michigan, the COVID-19 Employment Rights Act prohibits employers from disciplining or retaliating against a person who does not report to work after testing positive for COVID-19; displaying the principal symptoms of COVID-19; or, in some instances, has had close contact with a person who contracted COVID-19.

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.

Advocating for Workplace Improvements & SAFETY

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 during the pandemic is 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.

Advocating for the Safety and Health of the Public

General Info.

  • If you believe that you employer is jeopardizing the safety and health of the general public,  there is no single agency to contact and no specific rights that protect you against retaliation from your employer. 

  • If you believe that your employer is not following required safety practices that are putting the public, you may wish to contact the Michigan Attorney General, the Michigan Department of Health and Human Services, and you city’s local health department.  Click here for Michigan Attorney General’s, the MDHHS’, and local health department’s contact information.   

  • If you believe that you have been the victim of retaliation because you complained regarding your employer’s safety and health practices in relation to coronavirus,  you should contact consult an attorney for further advice on protecting your rights.

WAGES & PAYCHECKS

Rights

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

  • Issues have been arising regarding the payment of wages, charging of certain expenses to employees, and improper deductions from workers’ wages. Two examples include:

    • 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.

    • At least one employer in another state is reported to have sought to deduct the amount of stimulus money that persons will receive from their paychecks. Such deductions should be found prohibited under federal or state law and may constitute illegal kickbacks.

  • 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.

    • 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.

    • Michigan’s Improved Workforce Opportunity Wage Act requires that employees be paid a minimum of $9.65 per hour.

    • The federal Fair Labor Standards Act requires employees to be paid a minimum of 1.5 times (i.e. time and a half) their regular hourly wage rate for all time work that exceeds 40 hours in a single week. Michigan’s law however only applies to workers who are paid more than minimum wage. Under Michigan’s law, overtime pay for minimum wage workers is 1.5 times the federal minimum wage, which is presently set at $7.25 per hour.

  • 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.

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.