On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”). Michigan’s Prevailing Wage Act required project owners to pay workers union-scale wages and benefits for state-funded construction projects. The repeal took effect on June 6, but it …
How Employers Can Handle their Biggest Threat to Data Privacy, Their Employees
Given the ever-expanding landscape of privacy laws and regulations, employers are becoming increasingly aware that they are responsible for data breaches caused by their employees. When looking to formally put obligations upon employees to modify employee conduct, employers tend to start with policy, such as in an employee handbook to allow a means of internal …
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U.S. Supreme Court Signals Abandoning the “Narrow” Interpretation Standard for Overtime Exemptions Suggesting More Employer-Favorable Future Rulings
On April 2, 2018, the Supreme Court issued a ruling with narrow application, but it is significant because it likely signals a “new day” favorable to employers regarding how Fair Labor Standards Act (“FLSA”) is interpreted in the future. The FLSA, of course, is the law that requires the payment of overtime to “non-exempt” workers. …
MISSION CREEP – Chinese Trade Skirmishes Lead to Visa Retaliation on June 11
The U.S. Trade Representative (USTR) issued its 2018 Special 301 Report in April, which identifies U.S. trading partners that do not sufficiently protect and enforce intellectual property (IP) rights or otherwise deny market access. The USTR Special Report lists the following 12 countries on the Priority Watch List: Algeria, Argentina, Canada, Chile, China, Colombia, India, …
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The Sixth Circuit Reminds Plan Sponsors of the Importance of Firestone “Magic Words” for ERISA Plan Interpretation
A recent ruling by the Sixth Circuit Court of Appeals acts as an important reminder to ERISA plan sponsors that reserving the written right to interpret plan documents may be critical in interpreting otherwise ambiguous language. The Firestone Language In the 1989 case Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), the …