Michael E. Cavanaugh, Department Chair

The changing rules that govern employment relationships require constant attention by both employers and employees. Fraser Trebilcock Davis & Dunlap, P.C.'s attorneys analyze each client's situation and respond with advice, policies and actions designed to solve employment-related problems. Our Attorneys will assist in the navigation of federal, state and local employment laws, as well as, representation in litigation and  arbitration before government agencies on all aspects of employment law.

Fraser Trebilcock Davis & Dunlap, P.C.'s attorneys provide representation and advice on: personnel policies and procedures, employment contracts, labor relations including negotiation and grievance arbitration, unfair labor practices, safety regulations, civil rights, disabilities and reasonable accommodation, equal opportunity and affirmative action, age, race and sex discrimination, employee privacy, drug and alcohol matters, discipline matters, harassment, workers compensation and workforce reduction.

Michigan Payment of Wage and Fringe Benefits Act.  This Act regulates how and when wages and fringe benefits are paid. It governs pay cycles and the timing of pay and accrued benefits due at termination of employment. It also governs the circumstances under which an employer may withhold compensation or deduct from compensation. Our attorneys are knowledgeable regarding all facets of the Michigan Payment of Wages and Fringe Benefits Act and can help employers avoid inadvertent violations of this statute.

Federal Fair Labor Standards Act.  The Federal Fair Labor Standards Act sets federal minimum wage and overtime payment standards. Although minimum wage disputes are rare, complex overtime pay issues frequently arise. The transition of the economy from traditional production work to service, technical, and office work means that employers often question whether workers may be paid on a salary basis, instead of an hourly wage, making the employees exempt from overtime pay requirements. A complex set of U.S. Department of Labor Rules and opinion letters, as well as federal case law, defines which jobs can be treated as exempt and which practices conform to a salary basis of pay. Our attorneys counsel clients about the Federal Fair Labor Standards Act and help to avoid potential pitfalls.

Employee Drug and Alcohol Testing.  Employee drug and alcohol testing is generally permitted under the Americans with Disabilities Act and under the Persons with Disabilities Civil Rights Act. Nevertheless, employers should exercise care to keep test samples secure and confidential to avoid defamation and breach of privacy claims. What is more, many job performance issues can easily and effectively be addressed by means other than drug and alcohol testing. Our attorneys can help address potential concerns regarding alcohol and drug testing for employees while protecting the company’s interests and ensuring that your workplace maintains a high degree of quality.

Employee Handbooks. Michigan courts led the nation in finding that employers can inadvertently create enforceable contracts or enforceable "legitimate expectations" in employee handbooks and similar documents. Although Michigan appellate courts are currently less inclined to find an enforceable implied contract or legitimate expectation, a properly drafted handbook is still crucial. Our labor and employment attorneys will help draft and prepare an employee handbook that clearly defines employment policies and spells out whether the employment is "at will" or terminable only for cause.

Required State and Federal Law Notices. There are numerous state and federal laws related to employment which require employers to post notices regarding employees' rights under those laws. The various laws create serious consequences for employers who fail to post the required notices. These notices must be permanently displayed in conspicuous places in the workplace where employees and applicants for employment can readily read them. They are typically posted in employee lunch rooms and human resources offices.

Michigan law requires that the following notices be posted:

• Michigan law prohibits discrimination notice;
• Minimum wage notice;
• Overtime compensation rules notice;
• Minorities' notice;
• Employment Security Act notice;
• Bureau of Employment Standards general notice;
• Whistle Blower’s Protection Act notice;
• Right to Know Act notice;
• Safety and Health Protection on the Job notice;
• MIOSH