A recent published decision from the Michigan Court of Appeals affects our clients in two different categories—employers and creditors. First, a basic refresher.  A writ of garnishment is a tool under Michigan law that a creditor can use to collect after a judgment has been entered in its favor (with minor exceptions not relevant here).  The writ is issued by the court and then served on the garnishee defendant, which is the person or entity that owes money to or holds money for the debtor.  That includes, but is not limited to, employers, banks, other financial institutions, an ..read more

The Western Apaches have long worshipped at a sacred site called Oak Flat in Arizona. Despite the sacredness of the site and centrality of Oak Flat to the Apache religion, Congress has authorized the transfer of Oak Flat, which is situated on federal land, to a copper mining company. Because the copper mine would destroy Oak Flat, the Apaches sued the government for violating their religious exercise. Their primary claim is brought under a federal statute called the Religious Freedom Restoration Act (“RFRA”), which prohibits the government from imposing a “substantial burden” on religious exer ..read more

Recent actions by the federal government serve as important reminders to businesses—large and small, alike—of their various responsibilities under federal employment laws. On February 9, 2023, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (Bulletin) addressing questions related to compliance with the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) when a business employs remote workers. The DOL also recently concluded an investigation of Stellantis that found the automaker was violating rights of nursing mothers at its Sterling Heights plant by n ..read more

As part of the administration’s push to curb excessive fees, the Consumer Financial Protection Bureau is proposing drastic reductions to fees charged to consumers by credit card companies.  If approved, the unintended consequences of higher interest rates, lower credit lines, and fewer new cards being issued, all to make up the lost fees, could certainly contribute to a recession. Thus is what some call the paradox of the CFPB–formed out of good intentions as a response to the Great Recession, but extended too far to the detriment of creditors. However, this proposed fee reduction and the ..read more

Lakeside Solar, LLC, filed suit against White River Township, on February 28, 2023, in U.S. District Court, regarding a prospective solar panel project on Michigan’s west side.  For more than three years, Lakeside Solar has been developing this project over hundreds of acres in Muskegon County, which falls within the jurisdiction of White River Township. Michigan is one of the few remaining Midwest states to require local approval for utility-scale renewable energy projects, rather than require approval at the state-level.  This can and has resulted in friction between local official ..read more

In a ruling that caught many employers by surprise, the U.S. Supreme Court recently held that an employee who earned more than $200,000 per year was nonetheless entitled to overtime pay under the Fair Labor Standards Act (FLSA). The Court’s ruling in Helix Energy Solutions Group, Inc. v. Hewitt makes clear that just because someone is a highly compensated employee, it doesn’t mean they’re ineligible for overtime pay. FLSA Overtime Rules To be exempt from overtime regulations under the FLSA, most employees need to be paid at least $684 per week or $35,568 annually, a threshold referred to as th ..read more

We have had the distinct honor and experience in successfully litigating religious property disputes throughout the United States and helping local churches out of the United Methodist Church denomination. If your local church has run out of options to amicably leave the Annual Conference, there are three considerations to review prior to filing suit Constitutional issues – You can challenge the Trust clause in Court Despite the many reservations that you may have about leaving a Methodist Church, you should know that church property disputes are not something new.  When it came to judi ..read more

For those leading not for profit corporations, it can be hard to face the end. But the end comes for many not-for-profits and for many different reasons. No one likes to oversee the end or do the thankless work of winding up a not-for-profit corporation. If you are leading a not-for-profit corporation and have the unenviable task of winding it up and dissolving it, here are seven things to be aware of: Board Member Liability.Board members are legally responsible for putting the interests of the corporation ahead of their own interests and may, in some cases, be held personally liable if they ..read more

When a big company hires a new CEO or other top executives, lawyers get involved and an often long and complicated employment contract gets hammered out. For the average small to medium-sized business owner, that’s not how hiring works. Most employees go through a similar hiring and onboarding process, and with some exceptions, such as, for example, commissioned salespeople, there’s not much custom negotiation and documentation involved. Everyone is more or less using the same forms and employed under the same broad policies and procedures. That doesn’t mean, however, that small and medium-siz ..read more

Michigan has longstanding law that requires certain agreements or contracts be in writing to be considered legally enforceable.  This is known as the statute of frauds.  The land sale contracts and certain lease agreements are included under this statute of frauds, which require these types of agreements be in writing. Specifically, under Michigan’s statutory law, MCL 566.108, the sale of any lands or interest in any lands, along with leases that are for a period longer than one year, must be executed through written agreements and signed by the party by whom the sale is to be m ..read more