Dalton and Tomich white logo
Dalton and Tomich white logo

Michigan Small Business Owners: Avoid These Common Employment Law Mistakes and Misunderstanding

As a small business owner in Michigan, you undoubtedly embarked on your entrepreneurial journey to build a business driven by passion, not to entangle yourself in legal complexities. Yet, as your business grows and your team expands, navigating the legal terrain, particularly employment law compliance, becomes an inevitable part of your role.

In this article, we zero in on three significant, and often misunderstood, points of concern in employment law: distinguishing between freelancers and employees, understanding unpaid internships, and grasping the nuances of salary exemptions for overtime. These areas of employment law, and others like them, often prove challenging for many small businesses. In fact, an ADP report reveals a staggering 400% increase in employment lawsuits over the last 20 years, and regulatory enforcement of employment law issues is increasing, underscoring the urgency for clarity in these areas. Our goal is to unpack these issues with straightforward, practical advice, equipping you to stay compliant and keep your business thriving.

The Importance of Employment Laws for Small Businesses

For small business owners in Michigan, the path to compliance with employment laws can often seem like a maze of regulations and legal jargon. Unlike larger corporations with dedicated HR departments, small businesses typically lack the infrastructure to easily navigate these complexities. This can lead to common compliance issues such as inadvertently violating wage and hour laws, misclassifying employees, or misunderstanding leave policies. For instance, a small cafe might unintentionally misclassify a part-time worker as an independent contractor, not realizing the legal ramifications of such a decision.

The consequences of failing to comply with employment laws can be severe, both legally and financially. Non-compliance can result in hefty fines, back pay awards, and damaging lawsuits. Given the risks, it’s important to have access to expertise from experienced employment law legal counsel. A knowledgeable attorney can help you navigate challenges, offering clarity and ensuring compliance. For instance, legal counsel can assist in setting up proper employee classification systems, developing compliant employment policies, and providing training on labor laws. This kind of proactive legal support is crucial in avoiding common pitfalls, such as commonly misunderstood employment law issues that we’ll now discuss.

Issue 1: Independent Contractor vs. Employee Classification

Distinguishing between an independent contractor—often referred to as a “freelancer”—and an employee is more than mere semantics; it’s a critical legal determination that can significantly impact both your business operations and legal responsibilities. The line between these two classifications is often blurred, and both federal and state laws establish standards that must be met, leading to confusion and potential missteps.

An independent contractor, generally speaking, operates as their own business entity, providing services to clients on a non-permanent basis. They typically have control over how and when they complete their work, supply their own tools, and work with multiple clients. In contrast, an employee is an integral part of a business, often working set hours, using the employer’s tools, and is subject to the employer’s control in how they perform their work.

Michigan courts, as well the federal Fair Labor Standards Act (FLSA), use the “economic realities test” in determining whether an individual is an independent contractor or an employee. Among the factors considered significant under this test include:

  1. The extent to which the services rendered are an integral part of the principal’s business.
  2. The permanency of the relationship.
  3. The amount of the alleged contractor’s investment in facilities and equipment.
  4. The nature and degree of control by the principal.
  5. The alleged contractor’s opportunities for profit and loss.
  6. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
  7. The degree of independent business organization and operation.

One common mistake is assuming that a written contract declaring a worker as a freelancer is sufficient for classification. However, actual work practices are more critical in determining status. For instance, a small graphic design firm may hire a web developer as a freelancer, but if they require the developer to work specific hours and use company equipment, the law may classify them as an employee.

Misclassifying an employee as a freelancer can lead to significant legal repercussions, including back payment of wages, tax liabilities, and penalties. While missteps in classification can be costly, with careful evaluation and, when needed, professional legal advice, small business owners can navigate this complex area with confidence.

Issue 2: Unpaid Internships

Many Michigan small businesses utilize internships to offer real-world experience to higher-education students and add resources to the business. However, business owners sometimes mistakenly assume that all internships can be unpaid or otherwise skirt employment laws. While unpaid internships are allowed, it depends on the circumstances.

Accordingly, understanding the legal framework for unpaid internships is critical for small business owners. At both federal and state levels, laws are in place to ensure that unpaid internships are educational and beneficial to the intern, rather than a source of free labor for the business. The U.S. Department of Labor has established specific criteria under the FLSA for unpaid internships, which Michigan businesses must adhere to. These criteria focus on ensuring the internship is akin to training in an educational environment, benefits the intern, and does not displace regular employees.

For an internship to be legally unpaid, certain conditions must be met:

  • The internship must be similar to training given in an educational environment.
  • It should be for the benefit of the intern.
  • The intern does not displace regular employees but works under close supervision.
  • The employer derives no immediate advantage from the activities of the intern (in some cases, the employer’s operations may actually be impeded).
  • The intern is not necessarily entitled to a job at the conclusion of the internship.
  • Both the employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If an internship does not meet the legal criteria for being unpaid, it could lead to disputes, lawsuits, or fines. Small businesses should approach these arrangements with a clear educational focus and seek legal advice if uncertain about compliance requirements.

Issue 3: Salary Exemptions for Overtime

Understanding overtime regulations is crucial for Michigan employers, who must comply with the FLSA. This federal law sets clear guidelines on overtime pay, typically requiring that non-exempt employees receive one and a half times their regular pay rate for hours worked beyond 40 in a workweek. Grasping these regulations helps employers avoid legal pitfalls and ensures fair compensation practices.

To qualify as exempt from FLSA’s overtime regulations, most employees must meet certain criteria. First, the “salary level” test requires them to earn at least $684 per week or $35,568 annually. Second, they must pass the “job duties” test, which assesses if their role primarily involves executive, administrative, professional, or outside sales work. The specific elements of this test vary according to the job or position.

A recent ruling by the U.S. Supreme Court brought new attention to these exemptions. In a surprising decision, an employee earning over $200,000 annually was deemed entitled to overtime pay under the FLSA. This case highlights that high compensation alone does not automatically exempt an employee from overtime pay requirements.

This ruling underscores the complexity of FLSA compliance and the need for employers to stay vigilant. Violations can lead to substantial penalties, making it imperative for businesses to regularly review their practices. In light of such legal developments, employers should:

  • Consult with legal counsel to analyze their reliance on the highly compensated employee exemption.
  • Proactively review their employee classifications, ensuring they meet both the salary level and job duties criteria.
  • Stay updated on legal rulings and changes in federal overtime regulations.

Navigating the nuances of salary exemptions for overtime is a critical aspect of employment law compliance. With the stakes high and regulations evolving, Michigan employers must take proactive steps to ensure their practices align with current legal standards.


Understanding the distinction between independent contractors and employees, the legalities of unpaid internships, and the nuances of salary exemptions for overtime is not just about adhering to the law is critical for Michigan employers.

As we’ve explored in this article, each of these areas carries its own set of complexities and potential pitfalls. However, with the right approach and guidance, they can be navigated successfully. The key lies in staying informed, being proactive, and seeking expert advice when needed. Remember, the cost of non-compliance can be significant, not just in financial terms but also in terms of your business’s reputation and operational efficiency.

Attorney Advertising Disclaimer

Please note that this website may be considered attorney advertising in some states. Prior results described on this site do not guarantee similar outcomes in future cases or transactions.