Understanding the Recent Changes to Michigan’s Unclaimed Property Reporting

Beginning in 2018 in Michigan, all companies with no unclaimed property will be required to file a zero or negative report. Under Michigan’s Unclaimed Property Act, anyone holding unclaimed property of another must report such property as abandoned to the State of Michigan under a process known as escheats. Therefore, a bank holding money for a depositor over a number of years, which determines the property is abandoned, must turn […]

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New Tools for Asset Protection and Estate Planning

Individuals in Michigan seeking to protect assets from creditors no longer have to transfer their assets to Delaware, Nevada or Alaska.  Effective February 5, 2017, the Qualified Dispositions in Trust Act, Domestic Asset Protection Trusts, Public Act 330 of 2016, will allow the owner of trust assets to retain and protect his or her assets from creditors, while still retaining the power to direct investment decisions, the power to veto […]

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The Sixth Circuit Court of Appeals Expands an Employer’s Defenses to a Claim of Discrimination

In the case of Richardson v Wal-Mart Stores, Inc., the United States Court of Appeals for the Sixth Circuit, which includes the state of Michigan, interpreted, clarified and enlarged the defendant employer’s defense to a claim of age discrimination under the Elliott-Larsen Civil Rights Act. The Court of Appeals confirmed that the 62-year old plaintiff, Richardson, failed to offer either direct or indirect evidence that her job was terminated based […]

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Occupational Safety and Health Act: New Rules for Injury and Illness Reporting

The workplace environment is governed by the Occupational Safety and Health Act (OSHA).  The United States Department of Labor’s Occupational Safety and Health Administration recently issued a final order that will require employers and many high-hazard industries to electronically submit injury and illness data to OSHA.  Such reporting is already required to be tracked, but the reporting aspect of such injury or illness is what is new. The new rule […]

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U.S. Department of Labor Releases Final Overtime Rules

The Department of Labor recently released the final rules regarding the payment of overtime to employees, governed by the Fair Labor Standards Act (FLSA).  While the new rules were to go into effect in June of 2015, a large number of modifications changed the original draft, and the final rules are now made effective December 1, 2016.  This will allow employers the opportunity to anticipate the broad changes that will […]

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Employers Face More Compliance Challenges

This past January, the Michigan Unemployment Insurance Agency (MUI) mailed a new determination to employers – Form UIA 6367, Notice of Determination of Employer Charging (Notice). The MUI uses this form to notify employers that they have the potential to be charged for (unemployment) claims for which the employer does not provide timely or adequate information in the calendar year. Michigan law provides that if an employer or its agent […]

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Strategies to Minimize Joint Employer Liability

Employers should re-evaluate the creation of indemnity with clients where workers are placed at client work sites and also analyze any existing indemnity provisions of contracts with others where either has agreed to provide indemnity. The National Labor Relations Board (NLRB) reversed more than 30 years of precedent in the recent case of Browning-Ferris Industries of California, Inc., which effectively changed the rules regarding protection for previously protected employers. Most […]

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New Rules Affecting Workers and Employers by the U.S. Department of Labor

Many businesses, as employers, have experimented with treating their workers as independent contrac­tors in an effort to avoid withholding wages for taxes, social security (FICA) and unem­ployment insurance, as would be required for workers classified as employees. The U.S. Department of Labor (DOL) com­piled a new six-part test, issued under the Administrator’s Interpretation 2015-1. Is the work an integral part of the employer’s business? For example, a lawyer doing work […]

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Intellectual Property: The Most Overlooked Asset of a Company

When evaluating the worth of a company, it is important to recognize the value of all assets and liabilities in determining the company’s value.  However, most overlooked are the intangibles – that is, assets that do not have a physical shape, but nonetheless contribute to the earning power of the company.  The true value of a company is its ability to generate earnings and earnings are a function of the […]

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Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period

Whether you are a landlord, a small business owner or an individual undoubtedly you will find yourself in a position in which someone owes you or your business money. Collections can be difficult to pursue on your own, especially when the debtor is resistant to paying his or her debt. Attorneys are often contacted for assistance with collecting debts. Various legal theories can be used when filing a lawsuit, such […]

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