- February 10, 2016
- February 9, 2016
- February 9, 2016
- February 5, 2016
- January 25, 2016
- January 22, 2016
- January 21, 2016
- January 19, 2016
- January 8, 2016
- January 6, 2016
- January 4, 2016
- December 30, 2015
- December 15, 2015
- November 2015
- November 16, 2015
- November 2, 2015
- October 27, 2015
- October 13, 2015
- October 9, 2015
- October 5, 2015
- October 1, 2015
- October 1, 2015
- September 30, 2015
- August 31, 2015On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether two employers are joint-employers for purposes of collective bargaining and chose to return to pre-1984 precedent.
- August 27, 2015As a result of federal sequestration, state and local governments who have issued certain direct pay bonds have seen a reduction in tax subsidy payments since March 1, 2013. Sequestration is a result of Congress’ failure to meet its own deadlines to reduce the federal deficit. Pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, certain automatic reductions will continue to occur until Congress takes affirmative action to reduce the deficit.
- August 17, 2015On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case.
- August 17, 2015Demand for EB-5 visas by foreign investors born in mainland China has exceeded total annual availability, and for the first time in the history of the EB-5 Program, the U.S. Department of State imposed a visa backlog for Chinese investors in May 2015.
- July 23, 2015The Obama Administration released a report recommending initiatives to modernize the U.S. immigration system to improve its efficiency and accessibility, streamline employment-based immigration processes, and improve access to humanitarian benefits.
- July 15, 2015U.S. Department of Labor (DOL) Administrator, Wage and Hour Division, issued an Administrator’s Interpretation aimed at addressing the misclassification of employees as independent contractors.
- July 9, 2015Under a new Community Trade Mark rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color.
- July 9, 2015
- July 6, 2015The legislation eliminates the regular election date on the fourth Tuesday in February, as well as the March election in years when a statewide presidential primary is held under Section 613a of the Election Law.
- July 1, 2015The proposed regulations identify three specific changes in the current “salary basis” regulations.
- June 29, 2015This ruling has an immediate impact on employers, including on the benefits offered to employees (and dependents).
- June 25, 2015The Michigan Legislature recently passed a package of bills to create an early warning system to identify the potential for financial distress in local school districts, intermediate school districts (ISDs) and public school academies (PSAs).
- June 23, 2015If you read this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software.
- June 19, 2015The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union.
- June 18, 2015Environmental lawyer Lawrence W. Falbe's presentation for the Illinois Association of Environmental Professionals on June 17, 2015.
- June 18, 2015The U.S. Bureau of Economic Analysis (BEA) has extended the deadline for first-time filers of BE-10 forms to June 30, 2015. The BEA is willing to consider reasonable requests for extension, provided that the extension request is made before the deadline.
- June 18, 2015The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms.
- June 17, 2015The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test.
- June 15, 2015In a first-of-its-kind case, a panel of the Michigan Court of Appeals has ruled that an Emergency Manager (EM) is not authorized by either Act 4 or Act 436 to ratify prior acts of a local government official, even where he may have authority to initiate such actions.
- June 8, 2015China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. If enacted, the Draft would go some way towards making investment in China more straightforward for foreign parties. At the same time, it includes elements that would increase uncertainty and costs for investors looking to enter the China market.
- June 3, 2015
- June 1, 2015
- May 18, 2015On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not necessarily based on the initial selection of investments.
- May 7, 2015A title insurance company can deny a construction lender’s coverage against mechanics liens that were asserted after the lender stopped funding the construction escrow, even though the lender was entitled to do so under the loan documents.
- May 1, 2015An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics.
- April 29, 2015The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation.
- April 22, 2015New federal education regulations take effect this summer that could substantially reduce federal aid to community colleges and for-profit colleges whose students fail to meet certain standards for finding “gainful employment” after graduation.
- April 20, 2015The Equal Employment Opportunity Commission (EEOC) has proposed much-anticipated regulations regarding the use of employee health program under the Americans with Disabilities Act (ADA).
- April 15, 2015A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA).
- April 9, 2015Taxpayers with outstanding debts owed to the State of Michigan can settle those debts under an offer-in-compromise program that took effect earlier this year.
- March 30, 2015Statements of opinion do not constitute an “untrue statement of fact” if they turn out to be incorrect, the U.S. Supreme Court has ruled in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, drawing a line between the types of federal disclosure statements that can create liability for executives under securities laws.
- March 26, 2015Relief granted to people who were previously subject to personal liability for unpaid tax debts of corporations and other entities should be applied retroactively to existing and future tax assessments, after the Michigan Supreme Court upheld the Court of Appeals decision in Shotwell v. Department of Treasury.
- March 25, 2015In its second trademark decision this term, the U.S. Supreme Court ruled that certain findings by the Trademark Trial and Appeal Board (TTAB) relating to whether there is a “likelihood of confusion” between trademarks can have preclusive effect on federal courts deciding the same issue in trademark infringement cases.
- March 25, 2015Employers should re-evaluate any employment policies that exclude –intentionally or not – pregnant employees from job accommodations, leave or other benefits in the face of Wednesday’s U.S. Supreme Court decision in Young v. UPS.
- March 23, 2015This article provides a roadmap to navigate CFIUS and analyze transactions subject to CFIUS review, as well as an update as to some recent transactions affecting Chinese investors.
- March 19, 2015The Illinois Appellate Court invalidated an engineering firm’s mechanics lien for platting of undeveloped land performed as due diligence before a sale, because the services provided by the firm did not increase or improve the condition of the property or enhance the value of the land.
- March 11, 2015When sensitive technologies are involved in inter-company exchanges, U.S.export control laws governing controlled technology transfers are likely to apply. Joseph D. Gustavus details the controlling regulations and provides practical guidance for those who may be involved in such an exchange.
- March 9, 2015Federal agencies are not required to follow formal notice-and-comment rulemaking when making significant changes to interpretive rules, according to a unanimous U.S. Supreme Court.
- February 24, 2015Under a new Department of Labor regulation, employees who are in legal same-sex marriages are now able to take protected leave under the Family and Medical Leave Act (FMLA) to care for a seriously ill spouse, even if the state they live in does not recognize same-sex marriages.
- February 16, 2015Spring 2014 saw the first ever attempt to form a union among Division I college athletes, specifically the football team at Northwestern University in Evanston, Ill. The National Labor Relation Board’s (“NLRB” or “Board”) Regional Director ordered an election, and the ballots have been cast.
- January 29, 2015In the last few years, several Latin American countries and the United States have increased their focus on anti-corruption matters. This article will survey some of the most significant recent public anti-corruption investigations and cases which have a nexus with Latin-American countries.
- January 29, 2015In 2014, the State of Illinois adopted its first solar renewable energy credit (SREC) program, establishing a “one-time supplemental procurement plan” (Procurement Plan) for SRECs.
- January 26, 2015The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when determining whether a collective bargaining agreement promises vested, unalterable lifetime retiree health insurance benefits.
- January 23, 2015“Trademark tacking” is an issue of fact that must be decided by a jury, the U.S. Supreme Court has unanimously ruled in Hana Financial, Inc. v. Hana Bank, et al.
- January 16, 2015Michigan governmental entities will face significant new regulations on how they charge for responses to Freedom of Information Act (FOIA) requests beginning July 1, 2015.
- January 14, 2015This article was originally published in the January 2015 issue of National Defense, the National Defense Industrial Association's business and technology magazine, under the title, "Know When Software Falls Under Export Control Regime".
- December 19, 2014Michigan voters will have the final say on approving a deal between Gov. Rick Snyder and the Michigan Legislature to overhaul the state’s tax structure to fund road improvements at a referendum election on May 5, 2015. The plan is estimated to raise an additional $2 billion.
- December 18, 2014Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year.
- December 15, 2014
- December 11, 2014Companies that provide employees access to email systems “must presumptively” allow those employees to use them for statutorily protected communications on non-working time, the National Labor Relations Board (NLRB) ruled on December 11, 2014, reversing the Board’s seven-year old precedent.
- December 10, 2014Miller Canfield Acts as Detroit’s Bond Counsel on Historic TransactionsThe City of Detroit today closed four transactions totaling $1.28 billion to fund revitalization efforts and creditor settlements, marking the City’s emergence from bankruptcy and the conclusion of the largest, most complex municipal bankruptcy in U.S. history.
- December 10, 2014Miller Canfield Acts as Detroit’s Bond Counsel on Historic TransactionsThe City of Detroit today closed four transactions totaling $1.28 billion to fund revitalization efforts and creditor settlements, marking the City’s emergence from bankruptcy and the conclusion of the largest, most complex municipal bankruptcy in U.S. history.
- December 9, 2014Employees are not entitled to pay for time spent during security screenings at the end of the workday, a unanimous U.S. Supreme Court ruled on December 9, 2014.
- November 19, 2014Job applicants lack standing to bring whistleblower retaliation claims under the False Claims Act (FCA) and the Energy Reorganization Act (ERA) because they are not “employees,” according to the Sixth Circuit Court of Appeals.
- November 17, 2014Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? Such conduct towards an employee is, of course, prohibited by Title VII. So are volunteers “employees” for the purposes of Title VII?
- November 11, 2014The United States and the People’s Republic of China will jointly increase the validity of short-term business and tourist visas, as well as student and exchange visas, issued to each other’s citizens in an initiative that starts Wednesday, November 12.
- November 3, 2014An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals recently ruled in Braska v. Challenge Manufacturing Co.
- October 28, 2014Municipal securities issuers have the opportunity to self-report material misstatements in official statements regarding prior compliance with continuing disclosure undertakings under a new initiative introduced by the Securities and Exchange Commission’s (SEC) Enforcement Division.
- October 23, 2014The Sixth U.S. Circuit Court of Appeals recently issued a significant decision clarifying the pleading standards in securities litigation, clarifying what must be alleged to impute a corporation with knowledge of alleged misconduct by its agents and employees.
- October 16, 2014The U.S. Department of Labor (DOL) has raised the minimum wage for federal service and construction contract workers to $10.10, in a final rule that takes effect January 1, 2015.
- October 8, 2014The National Labor Relations Board (NLRB or Board) recently restated and refined its approach to determining whether workers are independent contractors, reaffirming that independent contractor status is based on common law agency principles with no one factor being decisive.
- October 3, 2014A recent National Labor Relations Board decision could significantly increase the damages that employees can recover against an employer that acquires a business but refuses to hire the employees of the predecessor.
- September 8, 2014In the run up to Labor Day, Illinois Gov. Pat Quinn signed two public acts into law that significantly impact Illinois employers. The first is a major extension of the Human Rights Act that enhances pregnancy discrimination protections to affirmatively require accommodations for pregnancy and related conditions. The second imposes significant limitations on employers who use payroll cards in lieu of checks, cash or direct deposit of wages.
- September 2, 2014Recent reforms to the Michigan personal property tax require community colleges to report their debt revenue loss to the Michigan Department of Treasury by September 5, 2014.
- August 15, 2014The U.S. Equal Employment Opportunity Commission (EEOC) recently issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, its first comprehensive update on the subject of discrimination against pregnant workers since 1983.
- August 14, 2014Interest-Charge Domestic International Sales Corporations (“IC-DISCs”) offer significant potential tax benefits for U.S. companies that export U.S. manufactured products or certain engineering or architectural services with respect to foreign projects. IC-DISCs can provide tax benefits to all types of U.S. exporters, including C- and S-corporations, LLCs and partnerships.
- August 12, 2014The National Labor Relations Board’s (NLRB) Office of the General Counsel recently authorized complaints to be issued against a major restaurant franchisor as a joint employer along with its franchisees in 43 claims of alleged violations of the NLRA.
- August 7, 2014An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in compliance with Federal regulations unique to H-1B employees.
- August 6, 2014Employees discharged as part of a company restructuring can participate in a collective action lawsuit for unpaid overtime wages under the Fair Labor Standards Act (FLSA) despite waiving their collective action rights in severance agreements, the 6th U.S. Circuit Court of Appeals ruled in Killion v. KeHE Distributors, LLC, decided July 30.
- August 4, 2014A new Illinois law that takes effect next year will affect how employers in the state handle job candidates’ criminal records in the hiring process.
- July 31, 2014A lot of attention has been given to a recent decision by the U.S. Court of Appeals for the District of Columbia (D.C. Court of Appeals) unanimously ruling against President Barack Obama relating to his order stopping Chinese investors from proceeding with their acquisition of four wind farm companies.
- July 29, 2014Governor Pat Quinn recently signed into law amendments to The Illinois Power Agency Act aimed at promoting solar power in Illinois.
- July 15, 2014A Multistate Tax Compact (MTC) election is applicable to both the net income base and modified gross receipts base of the Michigan Business Tax, the Michigan Supreme Court ruled in International Business Machines v. Michigan Department of Treasury.
- Summer 2014Frederick A. Acomb, FCIArb, is the International Dispute Resolution Section Chair at Miller Canfield.
- July 8, 2014The offshore centers British Virgin Islands and the Cayman Islands are British Overseas Territories and corporate entities established there will be subject to UK and EU export controls and sanctions. Jeff Richardson reviews the regulations and urges due diligence in the establishment of investment funds and other corporate vehicles.
- June 30, 2014The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v. Quinn, decided June 30, 2014.
- June 27, 2014President Barack Obama’s National Labor Relations Board (NLRB) member appointments made under the Recess Appointment Clause on January 4, 2012 were unconstitutional, the U.S. Supreme Court ruled in NLRB v. Noel Canning, released Thursday.
