The new guidance discusses Title VII’s prohibition against national origin discrimination and its application to all types of workplace settings, including hiring, firing, and discipline, in order to prevent employment discrimination on the basis of national origin.

Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent regulatory changes issued pursuant to the Fair Labor Standards Act (FLSA). The DOL had previously published a proposed Notice of Rulemaking and, thereafter, a Final Rule which, as of Dec. 1, would have raised the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). In addition, the Final Rule would have established an automatic updating mechanism that would have adjusted the minimum salary level every three years; the first automatic increase was scheduled to occur on Jan. 1, 2020.

Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spółki Rynku Wynajmu Nieruchomości) in Poland. At this stage, the proposal has not been officially presented as a bill to the Parliament, so the bill proposal may still undergo significant changes before becoming effective, but the main points are outlined below.

As we explained in our March 24, 2016 alert, on March 23, 2016, the Department of Labor (“DOL”) finalized its “persuader” rule, which would have required that employers and legal consultants report all pay arrangements regarding attempts to persuade employees, either directly or indirectly, about their right to union representation or to bargain collectively.

Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las importaciones procedentes de otros países. Bajo la ley actual y salvo la promulgación de nuevas leyes, el Presidente de los EE.UU. tiene autoridad legal para tomar las medidas necesarias para retirar a los Estados Unidos del TLCAN y elevar los aranceles a las importaciones.

During his campaign for president, President-elect Trump promised repeatedly to renegotiate NAFTA and impose a 35 percent tariff on imports from Mexico and even higher tariffs on imports from other countries. Under current law and absent the passage of new legislation, the U.S. President does have legal authority to take the requisite steps to withdraw the U.S. from NAFTA and raise tariffs on imports.

The Michigan Court of Appeals has ruled that email deliberations among a quorum of public body members violates the Open Meetings Act. The Nov. 1, 2016, unpublished opinion was issued by a three-judge panel in the case of Markel v Mackley, Case No. 327617.

The Michigan Senate passed HB 4388, which amends Section 1212 of the School Code to allow additional uses of sinking fund proceeds for sinking fund millage proposals authorized by the voters after the bill becomes effective.

The deadline for employers to implement changes to "white collar" overtime compensation is a month away.

There is a great likelihood that University research conducted by faculty and students, at one time or another, will be subject to U.S. export control and economic sanctions that (a) impose access, dissemination, and/or participation restrictions on transfers to foreign persons of research regulated for national security reasons or (b) prohibit or limit collaborations with certain foreign persons.

Employers making discharge and discipline decisions must consider past employee statements or conduct regarding employment health and benefit plans.

The U.S. Department of Transportation (“DOT”) and the National Highway Traffic Safety Administration (“NHTSA”) last week finally issued the long-awaited Federal Automated Vehicles Policy (the “HAV policy”). The HAV policy, which addresses highly automated vehicles (“HAVs”) and HAV systems, raises several key issues not only for manufacturers using HAV systems in their vehicles, but also for automotive component suppliers, software and hardware tech companies, aftermarket upfitters, ride-sharing companies and fleet operators.

The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since 1998.

The National Labor Board of Relations decision in Columbia University promises to be a potential source of litigation and headaches for college administrators regardless of whether student employees on campus choose to organize.

The benefits of simulation software can be very clear but the inherent export control implications not so. Jeffrey Richardson examines the real challenges of virtualisation.

On Wednesday July 13, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) issued a revised proposal expanding pay data collection from federal contractors and other employers with more than 100 employees who are required to submit EEO-1 forms.

We recently alerted you to provisions affecting employer drug testing and safety incentive programs contained in the amended OSHA Injury & Illness Recordkeeping Standard.

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions.

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe.

The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related employee injuries and illnesses.

Miller Canfield provides legal counsel and representation to companies doing business in or with Mexico.

A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold.

In its second trip to the United States Supreme Court, the High Court ruled today in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious admissions policy is constitutional.

Penalties assessed against employers for OSHA workplace health and safety violations will be adjusted for inflation under a law passed by Congress.

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 two employers are joint-employers for purposes of collective bargaining and chose to return to pre-1984 precedent.

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 meet its own deadlines to reduce the federal deficit. Pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, certain automatic reductions will continue to occur until Congress takes affirmative action to reduce the deficit.

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case.

Demand for EB-5 visas by foreign investors born in mainland China has exceeded total annual availability, and for the first time in the history of the EB-5 Program, the U.S. Department of State imposed a visa backlog for Chinese investors in May 2015.

The Obama Administration released a report recommending initiatives to modernize the U.S. immigration system to improve its efficiency and accessibility, streamline employment-based immigration processes, and improve access to humanitarian benefits.

U.S. Department of Labor (DOL) Administrator, Wage and Hour Division, issued an Administrator’s Interpretation aimed at addressing the misclassification of employees as independent contractors.

Under a new Community Trade Mark rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color.

The legislation eliminates the regular election date on the fourth Tuesday in February, as well as the March election in years when a statewide presidential primary is held under Section 613a of the Election Law.

The proposed regulations identify three specific changes in the current “salary basis” regulations.

This ruling has an immediate impact on employers, including on the benefits offered to employees (and dependents).

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 academies (PSAs).

If you read this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software.

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.

Environmental lawyer Lawrence W. Falbe's presentation for the Illinois Association of Environmental Professionals on June 17, 2015.

The U.S. Bureau of Economic Analysis (BEA) has extended the deadline for first-time filers of BE-10 forms to June 30, 2015. The BEA is willing to consider reasonable requests for extension, provided that the extension request is made before the deadline.

The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms.

The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test.

In a first-of-its-kind case, a panel of the Michigan Court of Appeals has ruled that an Emergency Manager (EM) is not authorized by either Act 4 or Act 436 to ratify prior acts of a local government official, even where he may have authority to initiate such actions.

China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. If enacted, the Draft would go some way towards making investment in China more straightforward for foreign parties. At the same time, it includes elements that would increase uncertainty and costs for investors looking to enter the China market.

On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not necessarily based on the initial selection of investments.

A title insurance company can deny a construction lender’s coverage against mechanics liens that were asserted after the lender stopped funding the construction escrow, even though the lender was entitled to do so under the loan documents.

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics.

The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation.

New federal education regulations take effect this summer that could substantially reduce federal aid to community colleges and for-profit colleges whose students fail to meet certain standards for finding “gainful employment” after graduation.

The Equal Employment Opportunity Commission (EEOC) has proposed much-anticipated regulations regarding the use of employee health program under the Americans with Disabilities Act (ADA).

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA).

Taxpayers with outstanding debts owed to the State of Michigan can settle those debts under an offer-in-compromise program that took effect earlier this year.

Statements of opinion do not constitute an “untrue statement of fact” if they turn out to be incorrect, the U.S. Supreme Court has ruled in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, drawing a line between the types of federal disclosure statements that can create liability for executives under securities laws.