Miller Canfield

Fiscal Year 2017 H-1B Cap Season Quickly Approaching

On Friday, April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year 2017 cap (FY 2017)…more
| Immigration Law, Labor & Employment Law

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its Reach

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Constitutional Law, Labor & Employment Law

DOL Issues an Administrator's Interpretation Regarding Joint Employment

The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection Act…more
| Agriculture, Immigration Law, Labor & Employment Law

Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

New Law Limits Ability of Local Governments and School Districts to Communicate Regarding Ballot Questions

On January 6, 2016, Governor Rick Snyder signed into law Public Act 269 of 2015 (“Act 269”), which amends the Michigan Campaign Finance Act, Act 388, Public Acts of Michigan, 1976, as amended (“Act 388”). Among other…more
| Communications & Media Law, Elections & Politics

Notice of Future Termination Does Not Constitute Immediate Employment Loss Under the WARN ACT

The U.S. Court of Appeals for the Sixth Circuit recently clarified that when an employer provides notice to a group of workers that their employment will be terminated in the future, they do not suffer an immediate employment…more
| Civil Procedure, Labor & Employment Law

Reminder: Michigan's Minimum Wage Increases to $8.50/Hour

In May 2014, Michigan enacted a law that will gradually increase the minimum wage from $7.40 to $9.25 per hour by January 1, 2018. On January 1, 2016, the minimum hourly wage for employees increased by 35 cents, from $8.15 to…more
| Labor & Employment Law

2015 Affordable Care Act Form 1094 and 1095 Deadlines Extended

In Notice 2016-4, the Internal Revenue Service (IRS) delayed the deadlines for a number of Affordable Care Act reporting requirements under Internal Revenue Code Sections 6055 and 6056 for the 2015 tax year only. In…more
| Labor & Employment Law, Taxation

Supreme Court Enforces Class Action Arbitration Waiver

In DIRECTV, Inc. v. Imburgia et al., the Supreme Court bolstered the preemptive power of the Federal Arbitration Act (“FAA”), once again overturning a state court’s holding that an arbitration agreement was unenforceable due to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Getting the Deal Through," Dispute Resolution 2015

What is the structure of the civil court system? Michigan has federal courts and state courts. Michigan’s state courts include but are not limited to a Supreme Court, a Court of Appeals, circuit courts with general…more
| Alternative Dispute Resolution (ADR), International Law & Trade

Michigan Court of Appeals Holds That Cloud Computing Applications Are Not Taxable as Software

On October 27, 2015, the Michigan Court of Appeals issued a much-anticipated decision in Auto-Owners Insurance Company v. Michigan Department of Treasury that has relevance to most Michigan companies concerning whether sales and…more
| Commercial Law & Contracts, Science, Computers, & Technology, Taxation

IRS Retirement Plan Limitations for 2016

The Internal Revenue Service (IRS) has issued the new 2016 retirement plan limitations. In this announcement, the IRS sets forth the limits of the amounts that can be deferred under 401 (k) plans, 457 (b) plans and the catch-up…more
| Labor & Employment Law, Taxation

EEOC Proposed GINA Regulations Permit Limited Wellness Plan Incentives In Exchange For Spousal Health Data

The Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) on October 30, 2015 to amend the federal regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA)…more
| Labor & Employment Law, Privacy

City of Chicago to Tax Assignments of Mortgages

Recently the City of Chicago’s Department of Finance issued Real Property Transfer Tax Ruling #4, which clarifies the intent of the City’s Real Property Transfer Tax. The ruling details the application of the exemptions to the…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Taxation

Hague Convention on Choice of Court Agreements Treaty Entered Into Force

On October 1, 2015, the Hague Convention on Choice of Court Agreements treaty entered into force, binding Mexico and all of the members of the European Union with the exception of Denmark. The United States and Singapore have…more
| Commercial Law & Contracts, International Law & Trade
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