The Corporate Transparency Act goes into effect on January 1, 2024, and may require your business to report ownership information to the government. Understanding the implications of the CTA is critical for all businesses, as a failure to comply with the CTA’s reporting requirements may lead to criminal and civil penalties. Please contact us if…
The Corporate Transparency Act: It’s Time to Comply!
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NLRB Joint Employer Test – Final Rule Issued October 26, 2023
Late last week the National Labor Relations Board (the “Board”) issued its Final Rule addressing the Standard for Determining Joint-Employer Status under the National Labor Relations Act (the “Act”). The effective date of the new rule is December 26, 2023. Under the Board’s new rule, an entity may be a joint employer of a group…
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Review Your Tips Processes Now or Pay Later, Part 2: Diving into the Tip Pool
In Part 1 of our 3-part series reviewing tipping rules under the Federal Fair Labor Standards Act (“FLSA”) and Depart of Labor’s (“DOL”) Tip Rule, we discussed when payments to employees constitute “tips,” when an employee is considered a “tipped employee,” and an employer’s related minimum wage obligations. In Part 2 of the series, we…
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Review Your Tips Processes Now or Pay Later
Introduction As of the DOL’s fiscal year ended September 31, 2022, the Wage and Hour Division of the Department of Labor (“DOL”) recovered over $27 million in back wages and illegally retained tips for more than 22,000 workers in the food service industry.[1] The reason? Employers improperly withheld and distributed tips that rightfully belonged to…
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The Corporate Transparency Act: Its Applicability to Your Business & The Importance of Compliance
If you currently own an interest in a corporation, limited liability company, or similar entity, OR if you plan to create and/or organize such an entity in the future, OR if you acquire ownership in such an entity in the future, this expansive legislation applies to you. Introduction The Corporate Transparency Act (CTA) was passed…
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New Paid Sick Time Requirements That Will Impact Your Business
Federal law does not mandate any amount of paid leave for employees, but Michigan’s paid leave obligations may change in dramatic fashion. In 2018, you may recall there were two employment-related ballot initiatives set to appear on the general election ballot. One of them, the Improved Workforce Opportunity Wage Act (“IWOWA”), aimed to raise the…
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Is It Time to Refresh the Privacy Notice? Potential Legal Implications of Failing to Provide An Accurate and Compliant Website Privacy Notice
Introduction A common staple of any business’s website is the business’s website privacy notice or privacy policy. In a landscape of increasing enthusiasm for openness about businesses’ collection and use of personal information from regulators and consumers alike, businesses must stay cognizant of the content of their privacy notices. Not only do Federal and state…
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Employee Classification – Understanding the Differences between an Employee and an Independent Contractor Under Michigan Law
The distinction between employees and independent contractors continues to be hotly discussed in both business and legal circles – and with good reason. Though the line separating these classifications may not always be clear, the consequences for misclassification can be disastrous, ranging from failure to pay minimum wage, failure to pay employment taxes, carry or…
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Avoiding Shareholder Liability for Corporate Actions Under Michigan Law
Corporations are generally treated as their own “legal persons,” separate and distinct from their individual owners. A primary feature of this separate treatment is that corporations’ debts and obligations belong to the entities themselves – not their individual owners. Courts refer to this legal distinction between the business entity and its owners as the “corporate…
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Wage and Hour Violations Can Cost You
Keeping track of all the Department of Labor’s (DOL) wage and hour rules can be challenging. But, if a DOL investigation determines that your workplace failed to follow the rules set out by the Fair Labor Standards Act (FLSA), the outcome can cost you big time! Since 2016, the DOL has conducted over 25,000 investigations…
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Federal Vaccine Mandate Update & More Changes to COVID-19 Protocols
One federal vaccine mandate has recently been reinstated by the Sixth Circuit Court of Appeals. Read on to learn more about the new effective dates for the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing; Emergency Temporary Standard for employers with 100 or more employees OSHA (Rules); and new standards from Centers for…
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The DOL Adds a New Tip Pool Option
Tip pooling is the practice of tipped employees to contributing their tips into one collective pool shared and divided evenly among that group. Previously, there were only two legally acceptable options for tip pools. On April 30, 2021, the DOL opened the door a bit wider for a new variation! Now that the DOL has…
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Check Yourself: The 80/20 Rule for Tipped Employees is Back
The US Department of Labor (DOL) published a final rule on October 28, 2021, that brings back the 80/20 rule that was used by the DOL until 2018 for confirming tipped employees’ eligibility for the tip credit. This rule measures the amount of side work a tipped employee could perform without impacting your ability to…
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Getting to the Bottom of Federal COVID-19 Vaccination Requirements
In response to the ongoing COVID-19 pandemic, the federal Occupational Safety and Health Administration (OSHA) published the COVID-19 Vaccination and Testing; Emergency Temporary Standard (Rules) on November 5, 2021. Along with rules for health care services and federal contractors, these new standards for private employers with 100 or more employees are the third, and most…
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Offering Vaccine Incentives to Employees
When the Equal Employment Opportunity Commission (“EEOC”) initially provided guidance outlining how employers could manage employee vaccination back in December, it remained unclear whether (and to what extent!) employers were permitted to offer their employees incentives to encourage vaccination. On May 28, the EEOC finally released guidance clearing this up: employers may offer vaccination incentives….
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Update: MIOSHA Emergency Rules to be Extended
In an employment law update we published last week, we told you that the Michigan Occupational Safety and Health Administration (MIOSHA) was considering extending its Emergency Rules for the workplace (available here) for an additional six months. On Monday, April 12, Governor Whitmer announced that that the MIOSHA Emergency Rules would be extended for an…
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Employment Updates: MIOSHA and Unemployment Benefits Matters
MIOSHA WORKING ON NEW COVID-19 RULES The Michigan Occupational Safety and Health Administration (MIOSHA) has started the formal rulemaking process to continue its efforts to mitigate and control the spread of COVID-19 in the workplace. As you know, MIOSHA issued Emergency Rules in October 2020. Although those Emergency Rules are currently set to expire on…
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COVID-19 Relief: Federal and State Government Provide Economic Aid to Businesses & Individuals
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (“COVID-19 Stimulus Act”), authorizing assistance to businesses and individuals impacted by COVID-19, including but not limited to: 1) aid to businesses through the reopening of the Paycheck Protection Plan; 2) expanded unemployment benefits; and 3) direct payments to eligible individuals. Notably, the “COVID-19…
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Update Regarding the Michigan Department of Health and Human Services’ November 15, 2020 Emergency Order
On November 15, 2020, the Director of the Michigan Department of Health and Human Services (“MDHHS”) issued an emergency “Gatherings and Mask Order” (the “Order”). The Order imposes new restrictions on residential and non-residential gatherings and closes certain types of businesses, including bars and restaurants for indoor service, entertainment venues, recreational facilities, and other workplaces…
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COVID-19 Employment Law Update
Return to Work After Close Contact The United States Centers for Disease Control and Prevention (“CDC”) recently updated its guidance regarding quarantine periods after a close contact with someone known or suspected of having COVID-19. The CDC previously recommended that those with a close contact exposure quarantine (and either miss work or work remotely) for…
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Update: MiOSHA Emergency Rules Regarding COVID-19
On October 14, 2020, the Michigan Occupational Safety and Health Administration (MiOSHA) issued Emergency Rules requiring employers to take certain actions to address (and prevent!) COVID-19 in the workplace. The Michigan Supreme Court’s decisions regarding the validity of Governor Whitmer’s COVID-19 related Executive Orders impacted the current workplace safety rules and, similarly, safety measures for…
