For the most part, employee use of social media has not required a fundamental rewriting of federal and state labor and employment laws. But a few well-reported incidents in the past couple of years garnered significant attention from the media, privacy advocates, and state and federal legislators.
The Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY 2008 NDAA). Earlier this year, the DOL issued its final regulations (Final Rule) and an updated poster for covered employees.
On March 27, 2013, the “right-to-work” bills, SB 116, now
known as Public Act 348 of 2012 and HB 4003, now known
as Public Act 349 of 2012, became effective.
The first significant reforms to the U.S. export control regulations in International Traffic in Arms Regulations (ITAR) and U.S. Export Administration Regulations (EAR) are about to take effect.
In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees.
Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of filing a successful application.
The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia Court of Appeals. In National Association of Manufacturers v. NLRB, the Court said the Board’s August 2011 ruling violated employers’ free speech rights under federal labor laws.
The U.S. Citizenship & Immigration Service (USCIS) released a new version of the Form I-9, Employment Eligibility Verification. Starting Tuesday, May 7, 2013, the previous version will no longer be accepted and all employers should be using the newest version of the form.
An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1. As a result, employers can no longer have a reasonable expectation of winning a WPA lawsuit simply because the employee’s whistleblower complaints may have been motivated by personal gain.
Whether by electronic download or through the physical transfer via CD-ROM or flash drive, the release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Both delivery methods can qualify as an export under the EAR.
The latest developments for companies doing business in Poland, including: Poland and U.S. Sign Convention for the Avoidance of Double Taxation; New Law Against Late Payment in Commercial Transactions; Facilitations for Undertakings Relying on Assets Leasing; Perpetual Usufructuary May be Fined For Failure to Meet Development Deadlines; and more.
The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication channels and the communications still comply with Regulation FD.
The Committee on Foreign Investment in the United States (CFIUS) publicly released an unclassified version of its Annual Report To Congress for the calendar year 2011 (Report) in December 2012. While the Report does not disclose detailed information about specific transactions, it nevertheless provides valuable information, especially for foreign companies considering acquisitions in the U.S., as to structuring transactions when involving CFIUS clearance.
In a landmark judgment, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug, Glivec. The polarizing decision has been hailed by activists as a step in the right direction for affordable healthcare, and as being detrimental to innovation and investment by the international business community.
A recent Sixth U.S Circuit Court of Appeals decision stands as a reminder that school districts must tread carefully when searching a student’s mobile device.
As we alerted you in December, effective today, all agreements, contracts, understandings or practices that take effect, are extended or renewed are subject to Michigan’s Right-To-Work laws, Public Acts 348 (private sector) and 349 (public sector).
A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental Quality, issued March 21, 2013. The decision may set precedent for many types of state permitting appeals.
A recent U.S. District Court decision illustrates that, when electronic data under a preservation obligation is accidentally lost, a party may still face serious spoliation sanctions if it does not make a reasonable attempt to recover the data.
A federal judge in New York has allowed a plaintiff to serve an unresponsive international defendant with motions and other court filings over email and Facebook. The decision is good news for plaintiffs in cases where defendants with email and social media accounts have avoided traditional service of process.
On Friday, March 8, 2013, the US Citizenship & Immigration Service (USCIS) released a new version of Form I-9, Employment Eligibility Verification. Employers should begin using the new form now; however, the previously accepted versions may be used until May 7, 2013.
The Family Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2009 (FY 2009 NDAA).
School districts that have issued certain direct pay bonds are expected to see a reduction in refundable credits as long as the sequestration remains in effect. But exactly how much the credits will be reduced won’t be known until the sequestration ends.
The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced.
Securities practitioners should have a working understanding of the SEC cooperation tools as well as the Department of Justice's cooperation tools that are incorporated by reference into the SEC Cooperation Initiative.
Miller Canfield lawyer Matt Allen broke down some of the Initiative's salient portions and issues that may arise as its implementation continues.
A recent Obama Administration report clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the sources of such threats, and federal means to protect trade secrets.
SEC commissioners called for a more regulations and oversight to protect investors from fraud and other dangers, reports Miller Canfield securities compliance and enforcement lawyer Matt Allen.
SEC commissioners called for more regulations and oversight to protect investors from fraud and other dangers, Miller Canfield lawyer Matt Allen reported from the annual “The SEC Speaks” conference held February 22 and 23 in Washington, D.C.
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