Business Law

• National Labor Relations Board WADES INTO NON-COMPETE DEBATE

  June 1, 2023

  Financial Danger Ahead! Despite the fact that non-compete and non-solicitation agreements are specifically allowed by statute in the vast majority of the States, the National Labor Relations Board (“NLRB”) is poised to challenge the legality of many such agreements as a violation of employee rights under the National Labor Relations Act (the “Act”). In an […]

• Internal revenue Service PENALTY RELIEF FOR 2019 AND 2020 LATE FILED TAX RETURNS AND INFORMATION RETURNS

  September 7, 2022

  The Internal Revenue Service (IRS) issued an Administrative Notice on August 24, 2022, providing for penalty relief for late filed tax returns and late filed information returns for the taxable years 2019 and 2020.  To qualify for the penalty relief, the taxpayers must submit any eligible tax return for these years on or before September […]

• UPDATE: Court Stays Enforcement of Revived Earned Sick Time Act and Minimum Wage Hike

  August 2, 2022

  Following last month’s decision from the Michigan Court of Claims effectively reinstating Michigan’s Earned Sick Time Act and Improved Workforce Opportunity Wage Act in their pre-amendment, ballot initiative form, the state defendant immediately filed a claim for appeal and moved to stay enforcement of the decision. On July 29, 2022, the Court granted a temporary […]

• Is a National Standard for Data Privacy on the Horizon?

  June 23, 2022

  A key congressional subcommittee begins debate today, June 23, 2022, on legislation leaders are calling the closest Congress has ever come to enacting a national standard for data privacy. As an increasing number of states enact consumer privacy laws, many businesses must comply with seemingly conflicting standards on what information they may collect, what they […]

• OSHA Mandates COVID-19 Vaccination or Weekly Testing for Employers with 100+ Employees

  November 4, 2021

  Today, November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) implementing President Biden’s mandate that all employers with 100 or more employees to require employees either be fully vaccinated or produce negative test results for COVID-19 on at least a weekly basis before coming to […]

• Governor Whitmer Enacts Changes to State Definitions of “Marijuana” and “THC” to Include Synthetic Derivatives

  July 14, 2021

  The use of so-called “synthetic marijuana” products, particularly by those not old enough to purchase “real” marijuana from licensed and regulated cannabis businesses in Michigan, has been a source of major concern among law enforcement, regulators, and legitimate cannabis businesses who see business stolen away by those who have skirted existing statutes by exploiting what […]

• The Death of the Non-Compete Agreement?

  July 13, 2021

  President Biden made a big splash last week with an Executive Order announcing steps to restrict or limit non-competition agreements which are prevalent in the private sector. According to the Fact Sheet issued by the White House, roughly half of all private sector businesses require at least some employees to enter non-compete agreements, affecting some […]

• Penalizing the Aggressor: The First-Breach Defense Under Michigan Law

  June 7, 2021

  You see it in sports all the time.  Two players get into a heated exchange, one pushes the other, who then retaliates by pushing back even harder.  The referee, however, only sees the second push, and so the retaliator and his team get penalized, and the instigator walks back to their sideline with a grin […]

• A Quick Guide to Vaccination Cards and Vaccine Incentives

  May 10, 2021

  As the State of Michigan turns toward lifting COVID-19 related restrictions that have precluded most office work and have limited the density of crowds allowed at bars, restaurants, gyms, and other public venues, many employers are wrestling with how to move forward in a way that is safe for both their employees and clients while […]

• Using Your Best Judgment: Does the Business-Judgment Rule Protect Me From a Shareholder Oppression Claim?

  February 24, 2021

  Those in charge of running a business have countless decisions to make every day.  Those decisions are generally protected under Michigan law by the so-called “business-judgment rule.”  But as numerous recent decisions make clear, the business-judgment rule is not an absolute defense to claims of oppression by minority shareholders, and the business decisions of the […]