25 September 2019

NLRB Recognizes Employer Contractual Rights, Re...

In MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), unionized employers won a tremendous victory before the NLRB, giving unionized employers with collective bargaining agreements significantly more flexibility to exercise their contractual rights and to make operational changes impacting unionized employees during a labor contract without bargaining.  In short, contractual rights that employers […]

25 September 2019

Peculiar Behavior and the ADA

You observe an employee acting oddly at work. But, the employee’s work has not suffered. You don’t think the employee is truly a harm to himself, but they’re just…a bit off. What can you do without violating the law? Specifically, how can an employer inform themselves on whether an employee’s odd behavior is actually a […]

23 September 2019

Welcome to The Personnel Files

Welcome to The Personnel Files, a Miller Johnson blog concerning all things Employment Law.  The days of the hard copy newspaper, newsletter and other periodicals are mostly gone.  Today’s HR professionals and leaders are interested in having real time updates and notices on important, new, or interesting developments that may impact their organizations and employees. […]

Service Dog
18 June 2019

Fair Housing Rules and Assistance Animals (Part 2)

Grant Schertzing  and Sarah Willey resume their discussion on how Fair Housing rules apply to assistance animals.  Topics covered in this session include mistakes made by landlords or condo associations, assumptions on which animals can be allowed, what fees if any can be charged for an assistance animal, good practices for landlords or housing providers, […]

Service Dog
04 June 2019

Fair Housing Rules and Assistance Animals (Part 1)

Grant Schertzing  and Sarah Willey discuss how Fair Housing rules apply to assistance animals.  Assistance animals, including service or emotional support animals, fall under reasonable accommodation with an identifiable disability nexus under the Fair Housing Act.  Issues surrounding assistance animals include how to handle when a disability isn’t readily apparent, what verification is allowable by […]

Stack of Binders
21 May 2019

How to Make Ground Leases Financeable (Part 2)

Alan Schwartz and Jim Ens continue their discussion on how to make ground leases financeable.  Topics include how ground lease defaults or terminations are handled, can a ground lessor take out a mortgage on the property, the importance of a non-merger clause and more.

Stack of Binders
07 May 2019

How to Make Ground Leases Financeable (Part 1)

Alan Schwartz and Jim Ens discuss how to make ground leases financeable.  Ground lease transactions are increasing in Michigan and can be more complex than a traditional mortgage.  Topics include leasehold mortgages, value of leaseholds in the eye of the lender, lender concerns and more.

Construction site
23 April 2019

What to Watch for in Construction Disbursement ...

Alan Schwartz and Jim Ens wrap up their discussion on construction disbursement agreements in this episode. Topics include what happens when final payment is requested, what deliverables should be covered by the agreement, which inspections and forms are required to verify project is complete, retainage and more.

Construction site
09 April 2019

What to Watch for in Construction Disbursement ...

Alan Schwartz and Jim Ens continue their discussion on construction disbursement agreements in this episode.  Topic include process for getting disbursement upon deliveries, use of lien waivers, which parties must review and approve payments and more.

Construction site
26 March 2019

What to Watch for in Construction Disbursement ...

Alan Schwartz and Jim Ens discuss issues related to construction disbursement agreements, including who are the parties to the agreement, who benefits from these types of agreements, what construction costs can and are covered by these agreements and much more.