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- Common Questions and Concerns About OSHA's Workplace Vaccine Mandate - Part 2 of 2
09/28/2021President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next? Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’ most common questions and…
- Common Questions and Concerns About OSHA’s Workplace Vaccine Mandate – Part 1 of 2
09/28/2021President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next? Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’ most common questions and…
- Pending Tax Changes: House Ways and Means Committee Tax Proposals
09/21/2021On September 13, 2021, the U.S. House of Representatives Ways and Means Committee released draft budget reconciliation legislation proposing a number of significant tax changes for businesses and for individuals. Some of the key proposals include: Corporate Taxes Replacing the…
- Workplace Law Lowdown | What Employers Need to Know About President Biden's "Path Out of the Pandemic"
09/13/2021On September 9, 2021, President Biden announced his new comprehensive national strategy to combat COVID-19. The action plan, entitled “Path Out of the Pandemic,” intends to further a “whole-of-government” approach by using regulatory powers designed to substantially increase the number…
- The COVID-19 Vaccine: What Employers Need to Know Today
08/10/2021The Equal Employment Opportunity Commission has released and updated guidance over the past several months, confirming that employers are generally permitted to require the COVID-19 vaccine so long as reasonable accommodations are provided to employees who are protected under the…
- Governing Documents Can Prevent Expensive and Damaging Disputes Among Medical Practice Owners
07/21/2021For a medical practice, litigation of any kind can be expensive and cause significant distraction. When internal disagreements between physician-owners escalate into courtroom battles, the consequences can be far more damaging than those of a professional negligence or other outside…
- Workplace Law Lowdown | The Continued Value of COVID-19 Preparedness and Response Plans
06/29/2021As we reported last week, the Michigan Occupational Safety and Health Administration (“MIOSHA”) updated its Emergency Rules to mirror the safety requirements disseminated by the federal Occupational Safety and Health Administration (“OSHA”). In short, covered healthcare employers should ensure compliance…
- Workplace Law Lowdown | The New MIOSHA Emergency Rules
05/25/2021The Centers for Disease Control and Prevention (“CDC”) recently announced that fully vaccinated individuals do not need to wear masks or socially distance in most settings, which the Michigan Department of Health and Human Services (“MDHHS”) quickly adopted through a…
- Workplace Law Lowdown | MIOSHA Endorses New MDHHS Order - Should Employers Still Require Masks For All Employees?
05/19/2021As we reported earlier this week, the Michigan Department of Health and Human Services (“MDHHS”) and the Occupational Safety and Health Administration (“OSHA”) explicitly adopted the following guidance from the Centers for Disease Control and Prevention (“CDC”): “[F]ully vaccinated people…
- Workplace Law Lowdown | Michigan Employers Must Continue to Require Masks (For Now)
05/17/2021The Centers for Disease Control and Prevention (“CDC”) released the Interim Public Health Recommendations for Fully Vaccinated People late last week, which provides: “[F]ully vaccinated people can resume activities [in indoor and outdoor settings] without wearing a mask or physically…
- Workplace Law Lowdown | The American Rescue Plan: Employer Takeaways
04/20/2021President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law on March 11, 2021. Provided here is an overview of the key features that affect employers. COBRA Subsidy In general, upon the loss of employer-sponsored health insurance…
- Workplace Law Lowdown | MIOSHA’s COVID-19 Emergency Rules Extended
04/16/2021Pursuant to a certification by Governor Whitmer, the Michigan Occupation Safety and Health Administration (“MIOSHA”) extended the COVID-19 Emergency Rules until October 14, 2021. These Emergency Rules were previously set to expire on April 14, 2021. Compliance with the Emergency…
- Workplace Law Lowdown | Employers Beware! Wage and Hour and NLRB Announce More Aggressive Enforcement
04/14/2021Two Federal Agencies within the Department of Labor have recently announced aggressive enforcement initiatives. Wage and Hour: On April 9, 2021, the Wage and Hour Division issued Field Assistance Bulletin 2021-2. This bulletin announced that the Wage and Hour Division…
- Workplace Law Lowdown | Return of the 14-Day Quarantine Period
04/08/2021We reported earlier this year that Michigan employers were permitted to reduce the requisite quarantine period from 14 days to 10 days for employees who experienced close contact with confirmed cases of COVID-19 based upon the passage of Enrolled Senate…
- Physician Non-Compete Agreements – Changes on the Horizon
03/29/2021Non-compete covenants have become a standard component in physician employment agreements. Hospitals and private practices view these non-competes as an essential tool to protect their investment in their business and their patient base. On the other hand, physicians desire not…
- Michigan Individual Tax Deadline Automatically Extended to May 17
03/23/2021Through the issuance of a Notice posted to its website, The Michigan Department of Treasury (the “Department”) has extended the deadline for individual taxpayers to both file the applicable 2020 income tax return (e.g., Form MI-1040 or Composite Income Tax Return),…
- WORKPLACE LAW LOWDOWN | MIOSHA’s COVID-19 Workplace Safeguards Remain In Place
03/16/2021The Centers for Disease Control and Prevention (“CDC”) released its first guidance for fully vaccinated individuals on March 8, 2021. This new guidance may tempt employers to begin relaxing workplace safeguards and distinguishing between vaccinated and non-vaccinated employees. However, to…
- Workplace Law Lowdown | COVID-19 Workplace Safeguards Still Apply to Vaccinated Employees
02/25/2021Vaccines have arrived, prompting hope that the COVID-19 pandemic can be effectively and nationally controlled in the near future. In recognition of this positive trajectory, the Centers for Disease Control and Prevention (“CDC”) recently determined that vaccinated individuals need not…
- Workplace Law Lowdown | OSHA Strengthens Federal Guidance on COVID-19 Workplace Safety
02/03/2021On January 21, 2021, President Biden signed the Executive Order on Protecting Worker Health and Safety, directing the Secretary of Labor, acting through the Occupational Safety and Health Administration (“OSHA”), to issue “revised guidance to employers on workplace safety during…
- Recent Significant Updates to the Stark Law and Anti-Kickback Statute
01/26/2021The Stark Law and Anti-Kickback Statute (AKS) place significant restrictions on how providers and businesses can operate in the health care space. The existing restrictions are helpful in fighting fraud but also potentially inhibit beneficial arrangements that could advance transition…
- Workplace Law Lowdown | Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County
01/22/2021Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County to ADEA Claims Employers in the Sixth Circuit Gain Predictability in the Test for Determining Claims Under the ADEA The case of Pelcha v. MW Bancorp…
- New COVID Relief Bill – Paycheck Protection Program (Round 2)
01/08/2021As a result of recently passed stimulus legislation called the Economic Aid Act, additional funding has been made available under the Paycheck Protection Program (“PPP”) for both first and second-time borrowers. It is anticipated that borrowers applying for a first…
- New COVID Relief Bill – Expanded worker benefits; payroll tax changes
01/11/2021On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (the “Act”). In addition to the 2021 appropriations and authorizations, this spending package includes $900 billion in emergency coronavirus relief. Among other things, the Act provides some relief…
- Workplace Law Lowdown | The Sixth Circuit Clarifies the FLSA Test for Educational Programs
01/06/2021A recent Sixth Circuit Court of Appeals opinion, Eberline v. Douglas J. Holdings (12/17/2020), clarified how the Fair Labor Standards Act (“FLSA”) exemption for educational programs should be applied when some duties do not fall within the educational purpose. In…
- Workplace Law Lowdown | New Year, New Preparedness and Response Plan Requirements
01/05/2021Though employers have been enforcing their COVID-19 Preparedness and Response Plans for many months, recent legislation and public health guidance necessitate an update and provide some unexpected room for employer discretion. The sources of change: The Centers for Disease Control…