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- Workplace Law Lowdown | Q&A: Important Information for Employers Regarding Upcoming Changes to Michigan No-Fault Law
06/01/2020Michigan enacted legislation significantly changing the No-Fault Act. For Michigan employers and residents the changes will have an impact on their premiums, benefits, and selection of policies. Some of the most important changes are addressed below. Q: What is the…
- Workplace Law Lowdown | COVID-19 Effects on Summer Vacation: Considerations for Employers in Response to Vacation Requests
05/27/2020With summer in sight, Michigan employers can expect to receive an uptick in vacation requests. However, a patchwork of administrative guidance and executive and county orders may pose unforeseen consequences when employees try to return from their travels. Daily…
- Workplace Law Lowdown | Q&A - Coronavirus and Safety
03/17/2020We have received multiple safety questions related to Coronavirus. The following Q&A may help with issues you are facing in the workplace. Question: Could an employee refuse to come to work for fear of Coronavirus infection? Answer: Under the NLRA, an…
- Workplace Law Lowdown | U.S. House Passes Coronavirus Relief Bill
03/16/2020The House passed the Families First Coronavirus Response Act on March 14, 2020, in an effort to cushion the blow of the coronavirus outbreak. The Senate is likely to pass the bill or offer modifications this week. Below is a…
- Workplace Law Lowdown | Q&A - Coronavirus FMLA, ADA and Attendance Implications
03/16/2020We received multiple questions about the implications of the FMLA and ADO and the Coronavirus. The following Q&A may help with issues you may be facing in the workplace. Question: Is Coronavirus an FMLA-covered serious health condition? Answer: Determine whether the…
- Workplace Law Lowdown | Coronavirus Declared a Pandemic - What Are the ADA Implications?
03/13/2020On March 11, 2020, the Director of the World Health Organization (“WHO”) confirmed, “We have . . . made the assessment that COVID-19 can be characterized as a pandemic.” The WHO had previously been reluctant to implement the “pandemic” moniker,…
- Workplace Law Lowdown | Part II - Staffing Decisions and the Coronavirus: How to Address Employees' Concerns and Keep Your Workforce Healthy
03/12/2020As Bodman continues to receive questions about staffing in light of the COVID-19 (“Coronavirus”) outbreak, we have prepared additional scenarios that you may encounter with suggested approaches to handling them. In general, employers should remind their employees to wash their…
- Workplace Law Lowdown: Staffing Decisions and the Coronavirus: How to Address Employees' Concerns and Keep Your Workforce Healthy
03/09/2020As Bodman continues to receive questions about staffing in light of the COVID-19 (“Coronavirus”) outbreak, we have prepared some scenarios that you may encounter with some suggested approaches to handling them. In general, employers should remind their employees to wash…
- Workplace Law Lowdown | Preparing For the Coronavirus: Michigan's Paid Medical Leave Act Implications
03/04/2020With the number of reported cases of the Coronavirus increasing each day, and at least one state declaring a public health emergency, employers in Michigan should be mindful of their legal obligations. In effect for a year now, Michigan’s Paid…
- 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 | 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 | 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 | 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…