EEOC Finalizes PWFA Regulations

On Monday, the Equal Employment Opportunity Commission (EEOC) finalized its Pregnant Workers Fairness Act (PWFA) regulations, reinforcing its broad view of “pregnancy, childbirth, or related medical conditions” put forth in its initial August 2023 proposed regulations. The Final Rule is located here: https://public-inspection.federalregister.gov/2024-07527.pdf Background: Signed by President Biden in December 2022, the PWFA took effect […]

Part 2 Changes Take Effect to Improve Integrated Care and Protect Patient Privacy for Individuals with Substance Use Disorders

Effective April 16, 2024, the Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations at 42 CFR part 2 (“Part 2”) are amended to increase coordination among providers treating patients for SUDs, strengthen confidentiality protections through civil enforcement, and enhance integration of behavioral health information with other medical records to improve patient health outcomes.  These provisions mark a critical step in ensuring that individuals receiving treatment for SUD have access to comprehensive care while safeguarding their privacy rights and removing barriers to care coordination and the associated dual compliance obligations for regulated entities.

Reminder: AAP Certification Window for Federal Contractors Now Open, and OFCCP Continues to Keep a Close Eye on AI

The OFCCP’s Contractor Portal, where federal contractors must satisfy their annual AAP verification requirement, opened on April 1, 2024.  Federal contractors must certify the status of their AAPs for each establishment and/or functional/business unit by July 1. A contractor’s failure to certify its AAP compliance increases the risk that it will be selected for a […]

Reminder: EEO-1 Filing Opens April 30, 2024

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that the 2023 EEO-1 data collection will open on April 30, 2024.  The deadline for employers to file their EEO-1 reports is June 4, 2024. An EEO-1 Report must be submitted by all private sector employers with at least 100 employees, federal contractors with 50 or […]

LARA Issues Another Warning About Imposter Scams

LARA, in conjunction with the Michigan AG’s Office, has issued another warning to professional license holders in Michigan that scam artists, impersonating LARA or other government officials, continue to reach out to license holders in an attempt to convince them to pay money in order to keep their license.   LARA’s Director, Marlon Brown, has advised:  […]

The CTA, BOIR Filings and Third Parties

It is important to remain vigilant about compliance with the Corporate Transparency Act and getting an entity’s BOIR report filed in a timely manner.

Miller Johnson files lawsuit challenging the constitutionality of the federal Corporate Transparency Act (CTA).

On March 26, 2024, Miller Johnson filed a lawsuit challenging the constitutionality of the federal Corporate Transparency Act (CTA). Miller Johnson represents the Small Business Association of Michigan, the Chaldean Chamber of Commerce, Steward Media Group, LLC, Power Connections Co, LLC, Derek Dickow, Semper Real Estate Advisors, LLC, and Timothy Eisenbraun.

The CTA is a sweeping, invasive, and confusing criminal law enforcement statute that burdens millions of small businesses—and subjects law-abiding Americans to potential criminal penalties in violation of the United States Constitution.

The CTA requires small businesses to disclose sensitive personal information about their owners to the federal government. This burden is placed on the smallest of small businesses—companies with less than $5 million in annual revenue. Medium and large businesses are exempt, as are banks and insurance companies.

The CTA also requires small businesses to report the personal information of anyone who helps form the business.  According to the government, even  the mailroom employee who physically delivers documents must comply. If a small business fails to comply, the consequences can be severe. Any person who willfully fails to report the required information can face prison time.

The cost of complying with the CTA’s vague and convoluted reporting requirements and regulation is substantial. The government’s own estimates predict that the cost of compliance for 2024 alone will reach $27.1 billion.

The CTA violates the constitutional rights of millions of law-abiding Americans and American businesses. The CTA exceeds Congress’s authority, violates the Constitution’s prohibition on unreasonable searches and seizures, and is unconstitutionally vague.

Small businesses are a vital part of Michigan’s economy. Miller Johnson is proud to represent the Small Business Association of Michigan, the Chaldean Chamber of Commerce, and their members in this challenge to the CTA’s costly, confusing, and unconstitutional requirements.

If you have any questions contact any of the authors or any member of our CTA Taskforce.

Immigration Options for Your Highly Skilled Employees

The US immigration system is designed to assist employers in bringing the best talent from around the world to the country. Our system favors those foreign nationals who have advanced formal education or advanced technical skills. This webinar will cover the visa options that are specifically limited to those employees who can demonstrate that they ascended to the top of their field, have advanced or unique knowledge, or whose work is considered in the national interest. We will discuss strategies for identifying these individuals and taking advantage of opportunities to use these visa options.

Join Immigration attorney Ewelina Sawicka and Mike Stroster for a complimentary half-hour webinar on April 18 at 12pm ET to learn more.

Supreme Court Sets Social Media Standards For Public Officials

On Friday, March 15, in Lindke v Freed, the Supreme Court of the United States outlined a standard for how, and when, public officials can regulate their own social media. In Lindke, a Michigan city manager converted their personal Facebook page to a public page, meaning that anyone could see and comment on his posts. The city manager continued to operate the Facebook page himself and regularly posted about his personal life. The city manager also posted information related to his job, and often responded to comments on his posts, including those left by city residents with inquiries about community matters, and occasionally deleted comments that he considered “derogatory” or “stupid.” After the COVID-19 pandemic began, the city manager posted information related to the city’s response, and a member of the public commented, expressing unhappiness with the city’s approach to the pandemic. Initially, the city manager deleted the posts, and ultimately blocked the poster from commenting at all.

Remote I-9 Verification: What Employers Should Know – Webinar Recording

On Wednesday, March 13, Immigration attorney Kevin Battle, presented the “Remote I-9 Verification: What Employers Should Know” webinar.  You can watch the recording here.