There are various statutes that allow townships to fund improvements (e.g., road projects, fire protection services, among others) by special assessments to properties. These statutes often require public hearings to consider a special assessment roll. One thing that can be confusing is what notice requirements apply to special assessment projects. The reason for the confusion…
What notice requirements apply to special assessments?
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2024 United States Supreme Court Update: Township Officials and Employees and Personal Social Media Liability
The United States Supreme Court issued a unanimous decision on March 15, 2024, in Lindke v Freed, ___US___, 2024 U.S. LEXIS 1214 (2024). This opinion helps shed light on when and how the public has First Amendment rights under the United States Constitution to engage in social media posts related to municipal business on individual…
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Michigan Public Cemeteries: Municipal Control & Liability
Numerous state statues grant municipalities the authority to create and manage public cemeteries. This e-letter explores concepts related to municipalities operating local cemeteries, including legal principles relating to burial space ownership and new case law concerning legal liability in the event of burial mistakes. MUNICIPAL CONTROL OF CEMETERIES Michigan treats the purchase of a cemetery…
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Are cemeteries owned and operated by municipalities subject to registration and auditing under the Cemetery Regulation Act, Act 251 of 1968, MCL 456.521 et seq.?
No. MCL 456.530(1) states that a cemetery owned and operated by a municipal corporation is exempt from the Act. The Act defines a “municipal corporation” to include a county, city, village, or township. MCL 456.522(n).
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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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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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Can a township board adjust compensation of board members whenever it chooses?
No. While townships without a compensation commission may increase a board member’s compensation at any time, board compensation can only be decreased during the current term if the board member consents in writing and there is a corresponding reduction in responsibilities and requirements of the job. Board compensation can be decreased to be effective the…
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Is there anything new at the National Labor Relations Board on the joint employer issue?
Yes. On August 27, 2015, the NLRB issued a highly anticipated decision related to the application of its joint-employer standard (the “Standard”) in the Browning-Ferris case you have probably heard about. At issue in Browning-Ferris (“BFI”), was whether BFI – the putative employer – was a joint employer of Leadpoint employees under the National Labor…
