On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”).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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At a Crossroad: Consular Options to Immigrate as USCIS Adjustment Backlogs Increase
In order to uphold the “integrity of our nation’s immigration system,” on October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) began to phase-in a mandate of in person adjustment of status (I-485) interviews for employment based cases at USCIS field offices nationwide. Previously, USCIS field offices would rarely interview an employment based adjustment applicant. …
United States Supreme Court Declines Review of Seventh Circuit ADA Leave Decision
This month the United States Supreme Court declined to review the Seventh Circuit Court of Appeals’ decision in Severson v. Heartland Woodcraft, Inc. The Plaintiff asked the Supreme Court to consider whether there is a per se rule that a finite leave of absence of more than one month (after the employee had exhausted his …
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Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions
On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of discriminatory intent. In O’Dell v. State of Michigan, unpublished opinion per curiam of the Court of Appeals, issued Feb. 1, 2018 (Docket No. …
3 Steps to Protect Trade Secrets Under the DTSA
The Defend Trade Secrets Act (DTSA) was a breath of fresh air for many companies that rely on trade secrets as part of their business model. Under the DTSA, a business’s or individual’s trade secrets—such as copyrights, patents and trademarks—are federally protected. This federal protection allows a business to file a private civil lawsuit if …
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Confidential Settlements of Sexual Harassment Claims Are No Longer Deductible by a Company Under the Tax Act
Companies generally are allowed to deduct all ordinary and necessary expenses paid during the year to carry on a trade or business, including most expenses related to settlement of a lawsuit or claim relating to the business. But expenses such as illegal bribes and fines paid to the government for violation of any law are …