Miller Canfield

NLRB Again Upends Long-standing Precedent in Creating Broad New Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether…more
| Labor & Employment Law

State and local governments continue to see a reduction in credits available for Direct Pay Bonds

As a result of federal sequestration, state and local governments who have issued certain direct pay bonds have seen a reduction in tax subsidy payments since March 1, 2013. Sequestration is a result of Congress’ failure to…more
| Finance & Banking, Securities Law

USCIS Releases Draft EB-5 Policy Guidance Clarifying Immigration and Project Related Issues Raised by Retrogression

Popularity of the EB-5 Immigrant Investor Program has surged in recent years among foreign investors from mainland China. As a result, the demand for EB-5 visas by foreign investors born in mainland China has exceeded total…more
| Immigration Law

NLRB Punts on College Athlete Unions

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Education, Labor & Employment Law

Changes on the Horizon for EB-5 Immigrant Investor Visa Program

The Obama Administration released a report on July 15 titled “Modernizing & Streamlining our Immigration Legal System for the 21st Century.” The Report, which builds upon the President’s executive action on immigration announced…more
| Commercial Law & Contracts, Immigration Law, Labor & Employment Law

USCIS Finalizes Policy Regarding Change in H-1B Worksites

United States Citizenship and Immigration Services (USCIS) released final guidance regarding when employers are required to file an amended or new H-1B petition following a change to an employee's worksite. This guidance follows…more
| Immigration Law, Labor & Employment Law

DOL Issues New Guidance Regarding the Misclassification of Employees as Independent Contractors

On July 15, 2015, David Weil, the Administrator for the U.S. Department of Labor (DOL), Wage and Hour Division, issued an Administrator’s Interpretation aimed at addressing the misclassification of employees as independent…more
| Labor & Employment Law

“Black and White” Is So 2014 for EU Trademarks

Under a new Community Trade Mark (CTM) rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color. The CTM system creates a unified trademark registration…more
| Commercial Law & Contracts, Intellectual Property, International Law & Trade

Michigan Governor Signs Early Warning Legislation for Financially Distressed School Districts with Immediate Effect

On July 7, Michigan Governor Snyder signed into law a package of bills, all with immediate effect and most with a tie bar to at least one of the other bills in the package, creating an early warning system to identify the…more
| Administrative Law, Education, Finance & Banking

Michigan Governor Signs Law Eliminating February Regular Elections

Michigan Governor Snyder signed a series of bills on June 30, 2015 amending the Michigan Election Law. The legislation eliminates the regular election date on the fourth Tuesday in February, as well as the March election in…more
| Elections & Politics

DOL Seeks to Cover More Employees with Overtime Protections

After years of anticipation, the U.S. Department of Labor (DOL) released its Notice of Proposed Rule Making on June 30, 2015, revising the overtime exemptions under the Fair Labor Standards Act (FLSA) by targeting salary…more
| Labor & Employment Law

Same-Sex Marriage Ruling Will Impact Employers

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Legislature Passes Early Warning Bills for Financially Distressed School Districts

The Michigan Legislature recently passed a package of bills to create an early warning system to identify the potential for financial distress in local school districts, intermediate school districts (ISDs) and public school…more
| Education

Have You Agreed Not to Export Software? Yes!

Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

NLRB Decision Highlights Problems For Colleges Responding To Organizing Efforts

The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union. In Laguna,…more
| Education, Labor & Employment Law
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