Your search for “Alert” returned the following results:
- Michigan Prohibits Hair-Based Racial Discrimination
06/16/2023On June 15, 2023, Michigan Governor Gretchen Whitmer signed Senate Bill 90, which amends the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit discrimination based on traits historically associated with race, such as hair texture and protective hairstyles. This amendment has…
- Who is an Inventor?
06/14/2023Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s collaborative environments and complex inventions, knowing which…
- Michigan Amends Civil Rights Act To Include Abortion Protections
05/25/2023On May 17, 2023, Governor Whitmer signed Senate Bill 147, which amends the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit employers from discriminating against employees based on their decision to terminate a pregnancy. Originally enacted in 1977, ELCRA currently prohibits…
- Sixth Circuit Clarifies an Employee’s Duty to Disclose a Disability and Request an Accommodation
05/01/2023A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable accommodation in order to…
- The Expiration of the COVID-19 Public Health Emergency: Part II – Impact on the Provision of Medical Services via Telehealth
04/26/2023As announced by the White House on January 30, 2023, the public health emergency (PHE) is set to end on May 11, 2023. The end of the PHE also brings an end to several flexibilities that were implemented that impact…
- Arbitration of Business Ownership Disputes: Great in Theory, Not Always So in Practice
04/25/2023Business partners and co-owners aren’t always going to see eye-to-eye. While they may share the same goals and interests in the broadest sense – building and sustaining a successful company – everything under that umbrella is subject to debate, disagreement,…
- Opt Out Your European Patents as Unified Patent Court Comes Into Force
04/14/2023The Unified Patent Court (UPC) is coming into force on June 1, 2023. The UPC will have exclusive jurisdiction over new Unified Patents in Europe and shared jurisdiction with national courts over traditional or classic European Patents. The UPC provides…
- One Month Until May 11, 2023 – the Expiration Date for the COVID-19 Public Health Emergency
04/11/2023The Secretary of the U.S. Department of Health and Human Services (HHS) first declared the existence of a public health emergency (PHE) on January 31, 2020. The PHE allowed HHS to implement a number of regulatory waivers and exercise enforcement…
- Michigan Re-Institutes Prevailing Wage Law
03/31/2023Michigan has reinstated its prevailing wage law, which requires the payment of wages to employees working on state-funded projects at the “prevailing wage in the locality.” This requirement was previously in place from 1965 to 2018. The “prevailing wage” is…
- Michigan Repeals Right-to-Work Law
03/29/2023On March 24, 2023, Michigan repealed its right-to-work law for private-sector employees. The right-to-work law made it unlawful for a union and an employer to agree that payment of union dues and fees are a condition of employment. The repeal…
- Michigan Amends Civil Rights Act To Include LGBTQ Protections
03/17/2023On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals. ELCRA Amendments Originally enacted in 1977, ELCRA currently prohibits employment discrimination based on religion, race,…
- Patent & Trademark Office to Begin Issuing Electronic Patent Grants
03/17/2023The U.S. Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form. This is…
- NLRB Narrows Permissible Terms in Severance Agreements
03/02/2023The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren Macomb (Case 07-CA-263041), the employer permanently furloughed eleven employees and contemporaneously presented…
- Sixth Circuit Upholds Non-Compete Agreement Based on “Flexible Language” in Preliminary Injunction
02/28/2023A recent Sixth Circuit decision upholding an employer’s non-compete agreement with a former employee highlights the need for legal counsel to craft preliminary injunction language in such matters which reflects the unique facts of the subject employee and the employee’s…
- First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark Owners Considering New Trademark Applications
02/15/2023Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should have all brand owners considering whether to secure new…
- Delaware Court of Chancery Establishes That the Duty of Oversight Extends to Officers
02/08/2023On January 25, 2023, the Delaware Chancery Court issued its ruling in In re McDonald’s Corporation Stockholder Derivative Litigation, C.A. No. 2021-0324-JTL (Del. Ch. Jan. 26, 2023), holding for the first time that a corporate officer (not just directors) owes a duty of oversight to the corporation. This ruling expands the original In re Caremark Intern. Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996), holding that directors have a duty of oversight to officers as well.
- The Dangers of Texting for Business Communications
02/03/2023In the not-so-distant past, there were fewer channels utilized for business communications, and business norms often limited communications to traditional channels even if other methods of communication were available. This made it relatively easy for companies to monitor, retain, and…
- Michigan Court of Appeals Dismisses February 20, 2023 Expansion of Paid Sick Leave and Increases to Minimum Wage
01/26/2023In a 3-0 decision (Mothering Justice v Attorney General) issued today, January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional authority to adopt and subsequently amend…
- An Agreement to Shorten the Statute of Limitations on Employment Claims is Enforceable but Employers Must Prove an Agreement
01/25/2023In Michigan, it is well-established that the statute of limitations for claims of discrimination, harassment and most other employment-based claims may be shortened by the agreement of the employer and the employee. This includes agreements to shorten the statute of…
- An Expansion of Federal Protections For Pregnant and Nursing Workers
01/20/2023On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) as part of the Fiscal Year 2023 Omnibus Spending Bill. The PWFA will require employers…
- Federal Trade Commission Proposes Broad Ban on Non-Compete Agreements
01/18/2023The Federal Trade Commission (FTC) has issued a Proposed Rule which, if implemented, would prohibit employers from entering into or attempting to enter into “a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to…
- NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA
12/19/2022As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo…
- Court of Appeals Hears Oral Arguments Requesting Opinion on Court of Claims Decision Invalidating MPLMA
12/16/2022As Bodman’s Workplace Law Group reported in July of 2022, the Michigan Court of Claims ruled that the Michigan legislature used a constitutionally invalid procedure to amend the Earned Sick Leave Act (“ESA”), a ballot proposal that the legislature passed…
- Application of Michigan's NIL Law
11/21/2022More changes are coming to the NIL laws governing Michigan student-athletes – effective December 31, 2022, House Bill 5217 officially sets parameters for how student-athletes can earn compensation for the use of their name, image, and likeness (“NIL”) in Michigan.…
- NIL Laws and Regulations Today
10/31/2022Over a year has passed since student-athletes gained the right to enter endorsement deals with businesses across the country. This name, image, and likeness (“NIL”) era, as it has been termed, has caused both excitement and confusion. We have previously…