Legal News

Michigan’s Occupational Code (“Code”) requires builders of residential structures to be licensed as a "residential builder." Under the Code, the definition of “residential structure” is very broad and includes almost any type of structure that can be considered a “residence.” Builders who construct a residential structure without a Residential Builder’s License are subject to sanctions, including being prohibited from suing in the State’s courts and from recording and foreclosing on a....

In Skanska USA Building Inc v MAP Mechanical Contractors, Inc, (Michigan Supreme Court, Docket Nos. 159510-159511, June 29, 2020) the Michigan Supreme Court held, in a unanimous decision, that a subcontractor’s unintentional defective work is an “accident” and, therefore, an “occurrence” covered under a Commercial General Liability (CGL) policy, allowing insurance coverage for the costs incurred by the construction manager to repair the subcontractor’s defective work....By: Clark Hill PLC

Outlook for This Week in the Nation’s Capital - Congress. Both the House and Senate are in this week. The House is scheduled to vote on a bill that would enhance the benefits and workplace protections for Transportation Security Administration...By: Clark Hill PLC

In its new Final Joint Employer Rule, the National Labor Relations Board (“NLRB”) states that one entity will be considered the joint employer of another company’s employees only if the alleged joint employer possesses and exercises substantial...By: Clark Hill PLC

Philadelphia employers can no longer inquire about an applicant’s salary history. A prior ruling which prohibited reliance on salary history when making an offer also remains enforceable....By: Clark Hill PLC

The Department of Labor issued a final rule on January 12, 2020, that makes clear that joint employer status under the Fair Labor Standards Act requires that an entity exercise actual control over the employee; mere hypothetical control, standing...By: Clark Hill PLC

In late 2019, the Pennsylvania Supreme Court decided that the Pennsylvania Minimum Wage Act (“PMWA”) prohibited employers from using the fluctuating work week (“FWW”) method of calculating overtime pay owed to salaried workers....By: Clark Hill PLC

Please see full 2020 Benefit Limit Chart below for more information....By: Clark Hill PLC

On Dec. 18, 2019, the Michigan Supreme Court decided not to issue an advisory opinion on the constitutionality of the Paid Medical Leave Act’s and minimum wage law’s passage in early December 2018 (2018 PA 368 & 369)....By: Clark Hill PLC

In a previous alert, IRS Adopts Final Regulations Changing Hardship Distributions, we analyzed the IRS’s recently issued final hardship distribution regulations....By: Clark Hill PLC