- November 2, 2016The Michigan Senate passed HB 4388, which amends Section 1212 of the School Code to allow additional uses of sinking fund proceeds for sinking fund millage proposals authorized by the voters after the bill becomes effective.
- October 31, 2016The deadline for employers to implement changes to "white collar" overtime compensation is a month away.
- October 19, 2016The Journal of College and University LawThere is a great likelihood that University research conducted by faculty and students, at one time or another, will be subject to U.S. export control and economic sanctions that (a) impose access, dissemination, and/or participation restrictions on transfers to foreign persons of research regulated for national security reasons or (b) prohibit or limit collaborations with certain foreign persons.
- October 18, 2016Employers making discharge and discipline decisions must consider past employee statements or conduct regarding employment health and benefit plans.
- September 26, 2016The U.S. Department of Transportation (“DOT”) and the National Highway Traffic Safety Administration (“NHTSA”) last week finally issued the long-awaited Federal Automated Vehicles Policy (the “HAV policy”). The HAV policy, which addresses highly automated vehicles (“HAVs”) and HAV systems, raises several key issues not only for manufacturers using HAV systems in their vehicles, but also for automotive component suppliers, software and hardware tech companies, aftermarket upfitters, ride-sharing companies and fleet operators.
- September 1, 2016The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since 1998.
- August 23, 2016The National Labor Board of Relations decision in Columbia University promises to be a potential source of litigation and headaches for college administrators regardless of whether student employees on campus choose to organize.
- July 22, 2016The benefits of simulation software can be very clear but the inherent export control implications not so. Jeffrey Richardson examines the real challenges of virtualisation.
- July 15, 2016On Wednesday July 13, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) issued a revised proposal expanding pay data collection from federal contractors and other employers with more than 100 employees who are required to submit EEO-1 forms.
- July 15, 2016We recently alerted you to provisions affecting employer drug testing and safety incentive programs contained in the amended OSHA Injury & Illness Recordkeeping Standard.
- July 12, 2016Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions.
- July 8, 2016A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe.
- July 5, 2016The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related employee injuries and illnesses.
- June 29, 2016Miller Canfield provides legal counsel and representation to companies doing business in or with Mexico.
- June 27, 2016A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold.
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- June 23, 2016In its second trip to the United States Supreme Court, the High Court ruled today in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious admissions policy is constitutional.
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- June 21, 2016Penalties assessed against employers for OSHA workplace health and safety violations will be adjusted for inflation under a law passed by Congress.
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- 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.
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- 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.
