News Center

     Every 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…

Reports 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…

Bodman 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…

Employers, 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…

On 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…

SECOND 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…

The 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…

In 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…

February 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…

On January 5, 2018, the Department of Labor (“DOL”) rescinded its 2010 six-factor test for determining whether a worker is an unpaid intern or an employee entitled to be paid. Under the rescinded guidance, an intern was considered an employee…

On 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…

In 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,…

A 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…

On 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…

Many 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…

The long-standing position of the federal courts has been that sex and pregnancy discrimination laws do not require employers to give “special accommodations” to breastfeeding mothers.   A recent Eleventh Circuit Court of Appeals case has “straddle[d] the line” between…

The Office of Federal Contract Compliance Programs (“OFCCP”) is part of the Department of Labor and is responsible for auditing federal government contractors to ensure that they are compliant with contractual non-discrimination and affirmative action obligations.  The OFCCP conducts contractor…

One of the most difficult questions we receive as employment attorneys is how long of a leave of absence must be provided to a disabled employee. The Seventh Circuit Court of Appeals recently ruled an employer was not required by…

Many companies use non-competition or non-solicitation agreements to protect their business interests. Traditionally, employers only had to worry about their former employees calling or meeting with current clients or employees. The increasing use of social media has made it more…

Late last year, the Centers for Medicare & Medicaid Services (CMS) put into effect new regulations, commonly referred to as the Mega Rule.   They are the most comprehensive revision of CMS’s requirements for nursing homes since 1991.  Per CMS,…

By now, you probably have heard that yesterday, August 31, 2017, the federal district court in Texas, which in November 2016 enjoined enforcement of the 2016 overtime rule, has decided that the rule’s minimum salary of $913 per week is…

On August 29, 2017, the Office of Management and Budget (“OMB”) notified the Equal Employment Opportunity Commission (“EEOC”) that it was suspending indefinitely the requirement that employers and federal contractors include compensation data in their next EEO-1 Reports.  The EEOC…

Massachusetts has a medical marijuana law similar to Michigan’s Medical Marijuana Act (“MMMA”) that allows individuals to use marijuana for medical purposes when prescribed by a licensed physician. Massachusetts law says medical marijuana users “shall not be penalized under Massachusetts…

Welcome to the Summer 2017 issue of Bodman’s Diversity and Inclusion and Social Action Committee’s newsletter! In this issue, Bodman attorneys discuss Bodman’s new Grand Rapids office, an upcoming Life Remodeled volunteer event, and other firm projects related to diversity.…

Welcome to the inaugural issue of Bodman’s Diversity and Inclusion and Social Action Committee’s newsletter! In this issue, Bodman attorneys discuss the firm’s 2017 Dr. Martin Luther King, Jr. day of service, events and news taking place around the firm,…