Legal News

In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”) loan to raise capital, to transfer ownership, to sell assets, or to liquidate. While the Approval Notice is strikingly broad in scope, there are ways of reducing, if not eliminating, its effect on these types of transactions....By: Miller Canfield

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The order allows workers in...By: Miller Canfield

The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning Ferris Industries, 362 NLRB...By: Miller Canfield

With the expected spike of absenteeism, wage and hours problems can arise during a pandemic. Employers must always keep their obligations under the Fair Labor Standard Act ("FLSA") in mind in dealing with these issues. Additionally, employers should...By: Miller Canfield

The Family and Medical Leave Act - Employers covered by the Family and Medical Leave Act ("FMLA") must allow an eligible employee to take leave due to a serious health condition of the employee or to care for the employee’s close family member with...By: Miller Canfield

Part II: Non-discrimination - The increasing fear around COVID-19, which was first detected in China, can lead to stigmatizing Chinese or other Asian individuals. However, according to the CDC, just being Chinese or Asian does not increase the...By: Miller Canfield

Obligations under the Occupational Safety and Health Act - The Occupational Safety and Health Act (OSHA) governs the health and safety of workers and workplace. Under Section 5(a)(1), employers have a general duty to provide a place of employment...By: Miller Canfield

Employers and plan fiduciaries should take careful note of a recent ruling issued by the United States Supreme Court which may prompt increased Employee Retirement Income Security Act ("ERISA") litigation and otherwise alter the landscape of ERISA...By: Miller Canfield

On January 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9, Employment Eligibility Verification, which has a 10/21/2019 version date (located in the lower left corner of the form). Employers may begin...By: Miller Canfield

New U.S. Treasury rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign direct investment in the United States take effect on Feb. 13. Our summary of the new rules explores the arising...By: Miller Canfield