Your search for “Alert” returned the following results:
- Enterprise Procurement Alert | State of California Consumer Privacy Act of 2018
01/23/2020On June 28, 2018, the State of California enacted the California Consumer Privacy Act of 2018 (the “Act”), which includes some of the strongest consumer privacy protections in the United States. Although not as comprehensive as the recent European Union…
- Workplace Law Lowdown | The DOL Unveils Significant Revisions to the FLSA's Joint Employer Rule
01/16/2020Under the Fair Labor Standards Act (FLSA), the term “employer” is broadly defined. As a result, the U.S. Department of Labor (DOL) recognizes that, under certain circumstances, an employee can have two or more employers and each business can be…
- Workplace Law Lowdown | $76 Million Settlement Reached in Decade Long NLRB Case
01/13/2020On Friday, January 10, 2020, the National Labor Relations Board (NLRB) announced a $76 million backpay settlement with CNN benefiting more than 300 individuals. This is the largest backpay award in NLRB history. For several years, Team Video Services (TVS)…
- Workplace Law Lowdown | NLRB Reworks "Quickie Election" Rules
01/06/2020As any employer who has undergone a union representation election in the past five years knows, the Obama National Labor Relations Board (“NLRB” or the “Board”) made it significantly more difficult to effectively respond to the union given the “Quickie…
- Workplace Law Lowdown | DOL Final Rule Provides Much-Awaited Clarification on Regular Rate Calculation
12/20/2019The Wage and Hour Division of the Department of Labor (“DOL”) administers and enforces the Fair Labor Standards Act (“FLSA”), which, in part, requires payment of one and one-half times the regular rates of pay for those hours worked in…
- Workplace Law Lowdown | What Disabilities Does the ADA Cover?
11/25/2019To answer the title’s question, the ADA covers only current disabilities – at least according to the Seventh Circuit (covering Illinois, Indiana, and Wisconsin). To many of us, this seems like the obvious answer. However, Ronald Shell, an applicant for…
- Workplace Law Lowdown | PWDCRA Assessment of Essential Functions and Reasonable Accommodations Given Physical Examination Requirement
10/01/2019After a December 2015 change in law, 36th District Court bailiffs with disabilities are treated like most Michigan employees with disabilities, meaning they are eligible for reasonable accommodations that do not impose an undue burden, but they are not excused…
- Workplace Law Lowdown | DOL Unveils Significant Revisions to Federal Overtime Laws, Increasing Salary Threshold to $35,568
09/25/2019On September 24, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division unveiled significant revisions to federal overtime laws. To be exempt from overtime requirements under the Fair Labor Standards Act (FLSA), employees must be paid a salary…
- Workplace Law Lowdown | DOL Provides New Insight on Employee vs. Independent Contractor Classification, Just As Michigan AG Launches Payroll Fraud Enforcement Unit
05/02/2019On April 29, 2019, the Department of Labor (DOL) issued an opinion letter signaling that workers who utilize smartphone apps – such as Uber, Lyft, Angie’s List, and others – to connect with customers will likely be treated as independent…
- Workplace Law Lowdown | Michigan's Paid Medical Leave Act Takes Effect on March 29, 2019
03/05/2019Bodman’s Workplace Law Group Answers Common Questions About the Act Michigan’s Paid Medical Leave Act (“PMLA” or “Act”) takes effect on Friday, March 29, 2019. Michigan will now require covered employers to provide paid medical leave to its Michigan employees.…
- Workplace Law Lowdown | Trump NLRB Clarifies Rules on Gripes
02/12/2019Every company probably has employees who gripe once in a while, if not all the time. For the past 34 years, the National Labor Relations Board (“NLRB”) has grappled with the issue of when a personal gripe transcends into…
- Workplace Law Lowdown | Employers Responsible for both Customer and Employee Information in Data Breach Cases
01/24/2019Reports of computer hacks and data breaches are becoming too commonplace. Large companies are often the victim and their customer information the target. But, what happens when an employer is a subject of a data breach and its employee records…
- "Best in Class" M&A Deal of the Year
10/29/2018Bodman is pleased to announce that Crain’s Detroit Business has named the sale of Art Van, Inc. its “Best in Class: Law” M&A Deal of the Year We congratulate our client Art Van, Inc. for this historic transaction that preserved…
- COURT OF APPEALS AFFIRMS USE OF "TENDER BACK" RULE TO BLOCK LAWSUIT AFTER SETTLEMENT
08/23/2018Employers, of all sizes, often use agreements providing severance payments to terminated employees in return for promises not to bring charges or lawsuits against the company. Even though the employer may have good grounds for terminating the employee, we often refer…
- US SUPREME COURT RULES OUT-OF-STATE SELLERS COULD BE REQUIRED TO COLLECT AND REMIT SALES TAX
06/22/2018On June 21, 2018, the Supreme Court in South Dakota v. Wayfair (“Wayfair”) held that an out-of-state seller can be required to collect and remit sales tax in a State where seller does not have a physical presence. This ruling overturns…
- Sexual Orientation Discrimination and Finite Telecommuting Request
03/08/2018SECOND FEDERAL APPEALS COURT RULES TITLE VII BANS SEXUAL ORIENTATION DISCRIMINATION On February 26, 2018 the Second Circuit Court of Appeals became the latest appellate court to rule that discrimination based on sexual orientation is prohibited by Title VII. Zarda…
- 2018 Tax Reform Update | Understanding the New "Qualified Business Income Deduction"
02/08/2018The Tax Cuts and Jobs Act of 2017 made significant changes to the Internal Revenue Code effective for tax years beginning after December 31, 2017. Among the changes is a new deduction for income from businesses operated as flow through…
- 2018 Tax Reform Update | Understanding the Changes Affecting Tax-Exempt Organizations
02/02/2018In December 2017, Congress enacted a sweeping overhaul of the Internal Revenue Code (“IRC”). While the majority of the changes affected the taxation of for-profit entities and individuals, the new law does contain provisions that directly effect tax-exempt entities and…
- ENVIRONMENTAL LAW UPDATE | First Reporting Deadline Under New EPA Chemical Reporting Rule is February 7, 2018
01/30/2018February 7, 2018 marks the first deadline under the Environmental Protection Agency’s (“EPA”) TSCA Inventory Notification Rule (40 CFR 710.23 et seq.). Any company that uses chemical substances in its operations should be aware of and may need to comply…
- WORKPLACE LAW LOWDOWN | DOL Issues New Guidance On Test For Unpaid Internships
01/18/2018On January 5, 2018, the Department of Labor (“DOL”) rescinded its 2010 six-factor test for determining whether a worker is an unpaid intern or an employee entitled to be paid. Under the rescinded guidance, an intern was considered an employee…
- 2018 Tax Reform Update | Congress Passes Tax Cuts and Jobs Act
01/04/2018On December 22, 2017, President Donald Trump signed the Tax Cuts and Jobs Act, the largest overhaul of the Internal Revenue Code since 1986. The Act makes sweeping changes to individual, business, international, and estate taxing regimes. This 2018 Tax…
- WORKPLACE LAW LOWDOWN | Sex Harassment News Should Spark Employer Action
11/21/2017In May, we wrote about Bill O’Reilly’s separation from Fox News because of sex harassment allegations against him. At that time, no one expected the current avalanche of sex harassment claims, sometimes decades old, starting with movie producer Harvey Weinstein,…
- WORKPLACE LAW LOWDOWN | Innovation Does Not Succeed Against 56 Year Old Wage-Hour Regulation
11/03/2017A recent case from the Third Circuit Court of Appeals serves to remind employers that wage-hour innovation must still comply with the Department of Labor (DOL) Wage and Hour interpretations and regulations issued under the Fair Labor Standards Act. Department…
- WORKPLACE LAW LOWDOWN | Meijer Sued For Using Employee Fingerprints For Timekeeping
11/03/2017On October 12, 2017, Meijer, Inc. became the latest Illinois employer faced with a class action lawsuit over its use of employee fingerprints for tracking hours worked. The lawsuit was filed in state court in Chicago and claims Meijer violated…
- WORKPLACE LAW LOWDOWN | California Will Bar Employers From Requesting Applicant Salary History
10/26/2017Many employers inquire about an applicant’s prior compensation history to determine an appropriate salary offer. This practice has long given employers an advantage in salary negotiations, particularly with less sophisticated job applicants. Employers will no longer have this advantage in…