News Center

On October 14th, The National Labor Relations Board (“NLRB”) announced that the number of union organizing petitions filed from October 1, 2023 to September 30, 2024, more than doubled from the same period in 2021.  Petitions were up nearly 30%…

On April 23, 2024, the Department of Labor (“DOL”) issued a new rule that fashioned a two-part increase to the salary threshold for exempt workers with effective dates of July 1, 2024 and January 1, 2025. In an unsurprising decision…

Although they are currently still in the minority, a growing number of states are enacting or proposing legislation that requires applicable parties to provide notice of pending health care transactions. With its recently effective law, the Indiana General Assembly explained…

The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law. Patent owners must be vigilant in their pre-filing activities, carefully considering…

Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025.  As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who, exactly, does ESTA cover? The…

In an opinion released for publication on Tuesday, September 3, the Michigan Court of Appeals has ruled that voter-initiated charter amendments are not a permissible method of implementing the limited local regulations that are authorized by the Michigan Regulation and…

In a widely anticipated ruling, Judge Ada E. Brown of the United States District Court for the Northern District of Texas sided with the U.S. Chamber of Commerce and a Texas-based tax firm to block the FTC’s Final Rule banning…

The Michigan Supreme Court has just issued a decision that eliminates the tip credit, raises the minimum wage, and expands paid leave. The decision rescinds the 2018 “Adopt-and-Amend” action by the Legislature and reinstates the 2018 citizens’ initiative for paid sick…

On June 28, 2024, the U.S. Supreme Court, in Loper Bright Enterprises v. Raimondo, overruled the long-standing “Chevron doctrine,” under which courts were required to defer to “permissible” agency interpretations of the statutes those agencies administer, even if a reviewing…

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important implications for employers regarding disciplinary actions. The…

Design patents in the United States are now expected to be more difficult to obtain and enforce. On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents.  LKQ Corp. v. GM…

The FTC’s non-compete ban is the topic of conversation for most in the HR world. As we all have heard, the FTC issued the Non-Compete Clause Rule (the “Rule”) which would ban nearly all non-compete provisions with limited exceptions. One…

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt classification and non-competition restrictions.…

The United States Environmental Protection Agency (EPA) has submitted final rules that affect businesses that manufactured or used PFAS substances and establish maximum contaminant levels (MCLs) for drinking water. On April 19, 2024, the EPA submitted a final rule for…

According to a recent study by the Society for Human Resource Management, 25% of organizations use artificial intelligence (“AI”) to assist with human resources functions, and another 25% anticipate doing so by the end of 2024. There is no doubt…

Many employers are already dealing with employees using Artificial Intelligence or Generative Artificial Intelligence (collectively “AI”) in their day-to-day job duties, communications, or work product. It is problematic that employees may be using (or trying to use) AI completely on…

Workplace romances and relationships are not uncommon – no doubt because of how much time employees spend at work. Employers must be prepared to handle romantic relationships in the workplace and have the tools in place to prevent and defend…

In an employment discrimination case, whether an employer is successful in getting a dismissal often depends on whether it can show it had an “honest belief” in a non-discriminatory reason for the employment decision. A new Sixth Circuit Court of…

Most institutions in our society make decisions upon the consent of the majority, from legislatures passing important bills to families deciding on what movie to watch on movie night. Majority rule is also the way most closely held corporations conduct…

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies held on May 23, 2023. Our Briefing focused on…

In an Executive Order dated January 17, 2024, Michigan Governor Gretchen Whitmer transferred the Michigan Tax Tribunal out of the Department of Licensing and Regulatory Affairs (LARA) such that it will function independent from LARA’s Michigan Office of Administrative Hearings…

On October 23, 2023, the Michigan State Medical Society (“MSMS”) penned a letter to Michigan Attorney General Dana Nessel asking her to investigate what MSMS believes are widespread violations of Michigan’s prohibition on the corporate practice of medicine (the “CPOM…

Union organizing efforts are not limited to historical union strongholds such as manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry, they are looking to organize employees in this industry.…

For many organizations and individuals, the end of the calendar year generates significant reporting obligations, particularly with respect to the Internal Revenue Service. The following requirements may not be obvious, but filers should consider them carefully as part of year-end…

Michigan taxpayers with interests in calendar year-end S corporations and partnerships should take note: the deadline to make a new “flow-through” entity tax (“FTE tax”) election for 2024 is approaching, and it occurs prior to the due date of the…