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For the first time in almost 30 years, U.S. Immigration and Customs Enforcement (“ICE”), has updated its Form I-9 Inspection Fact Sheet. These changes were issued without any notice in the Federal Register and there was no proposed rulemaking. The revisions replace many provisions of the 1997 Virtue Memorandum, which governed compliance until now, and reclassified many common or technical errors as substantive violations. As a result, employers now face an increased risk of violations and penalties.

The Civil Rights Fraud Initiative is highly relevant for employers because it expands the risk landscape for companies that receive federal funds, hold government contracts, or certify compliance with federal civil rights laws. The initiative signals that the government intends to use the False Claims Act — traditionally associated with financial fraud — as a tool to police allegedly discriminatory employment and DEI-related practices.

The Michigan Legislature is currently considering legislation that would directly affect municipally operated wastewater treatment plants and expand local coordination obligations. In April 2026, Michigan legislators introduced a package of nine bills aimed at strengthening statewide regulation of per- and polyfluoroalkyl substances ("PFAS"), which are commonly referred to as “forever chemicals.” If enacted, this legislative package would expand Michigan’s PFAS regulatory framework on multiple fronts.

An emerging issue affecting tariff refund claims under the IEEPA Phase 1 Declaration process submitted through the CAPE system may require immediate action by non-resident importers to avoid delayed or rejected refund payments. 

On April 22, 2026, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to clarify the standard for determining joint employer status under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). If finalized, the proposed rule would have significant implications for employers that rely on staffing agencies, subcontractors, professional employer organizations, or other multi-entity labor arrangements.

U.S. Customs and Border Protection (“CBP”) has opened a dedicated online portal for submitting refund claims for tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”) that were invalidated by the U.S. Supreme Court. Refund claims must be submitted…

On February 26, 2026, the U.S. DOL’s Wage and Hour Division issued a Notice of Proposed Rulemaking that would again revise how workers are classified as employees or independent contractors under federal law. While the proposal does not immediately change existing obligations, it represents a pivot in federal enforcement direction and a familiar swing in the regulatory pendulum.

On February 25, 2026, the U.S. Supreme Court heard oral arguments in Pung v. Isabella County, Michigan, a case that could significantly change how compensation is calculated when property is taken through tax foreclosure.

On February 17, 2026, the U.S. District Court for the Southern District of New York issued a ruling in United States v. Heppner, No. 25‑cr‑00503‑JSR (S.D.N.Y. Oct. 28, 2025), holding that the attorney‑client privilege and the work‑product doctrine did not protect a defendant’s artificial‑intelligence‑generated documents from disclosure.

The National Labor Relations Board has taken action to return to a more definite joint‑employer framework tied primarily to the exercise of substantial direct and immediate control. This framework reshapes how businesses may be held responsible for obligations involving contracted, franchise, or otherwise shared workforces. Below is what employers need to know.

Under the HIPAA Privacy Rule (the “Privacy Rule”), health care providers are required to have a notice of privacy practice (NPP) that notifies patients that they have certain rights to ensure the privacy of their personal health information (PHI) and to explain the privacy provider that maintains any substance abuse disorder (SUD) records or has SUD records flow through its systems must guarantee that its NPPs make individuals who are the subject of such records aware of their specific rights with respect to the use and disclosure of SUD records.

A recent Michigan Court of Appeals decision offers an important lesson for employers about how written employment documents interact – especially when there is an integration clause in an employment contract.

The Michigan Legislature has introduced a package of four related bills that would amend the Land Division Act and the Michigan Zoning Enabling Act. The proposed legislation would have a significant impact on local municipal control related to certain zoning decisions and significant changes to development review processes.

The Holding Foreign Insiders Accountable Act (“HFIAA”), makes officers and directors of foreign private issuers subject to public reporting of holdings of, and transactions in, the issuers’ equity securities under Section 16(a) of the Securities Exchange Act of 1934, as amended. The new law will become effective on March 18, 2026.

Today’s Wage & Hour Wire focuses on minimizing employer liability for performance-based bonus plans under the Fair Labor Standards Act.

AI can accelerate innovation, but patents still depend on human inventorship. By aligning R&D processes with USPTO guidance and implementing strong documentation and ownership policies, companies can protect their intellectual property and maintain a competitive edge.

Using AI in a healthcare practice has inherent risks. AI errors pose risks to the safety and health of patients and raises the question of who to hold accountable for any sort of damage done. As such, regulators are going to expect a level of human intervention with AI technology to limit these risks. Therefore, healthcare organizations need to have sound AI policies and procedures in place.

Effective January 1, 2026, Michigan’s minimum wage rate increases from $12.48 to $13.73 per hour.

The holiday season is generally a time for celebration.  However, employers should be vigilant in their efforts to mitigate risk for employment claims.  Below are some issues to keep in mind. Audit Employment Records: Ensure personnel files, I‑9s, and payroll…

Two late-October decisions from different circuit courts highlight a divide over the scope of the National Labor Relations Board’s (“the Board”) remedial powers. The Fifth Circuit’s Hiran Management decision curtailed the Board’s ability to award broad monetary damages, while the…

In the spirit of Halloween, please consider the below as we approach year end and April 15, 2026. On July 4, 2025 as part of Public Law 119-21 ꟷ aka the One Big Beautiful Bill Act (the “Act”) ꟷ Congress…

For companies engaged in international trade, assuring compliance with import laws and regulations is a critical component of the supply chain management process. The consequences of noncompliance are potentially dire and can include significant financial, operational, and even criminal penalties.…

When an employer has an obligation to contribute to a multiemployer pension fund, and the fund is underfunded (a deficit between assets and future projected payout obligations), an employer who ceases to have an obligation to contribute to the fund…

On July 31, 2025, the Michigan Supreme Court changed the test for enforceability of contractually shortened claim limitation periods in Rayford v American House. Employers often shorten the statute of limitations of certain state employment law claims to 180 days…

The One Big Beautiful Bill Act (H.R. 1, 119th Cong § 70431 (2025)) (“Act”) was signed into law by President Trump on July 4, 2025, after narrowly passing the House on July 3, 2025. The Act amends Section 1202 of…