News & Info

Due to the increase in the number of COVID-19 variants and pending OSHA regulations, employers are again faced with deciding whether to issue a vaccine mandate. Unsurprisingly, determining whether to implement a vaccine requirement raises a bevy of questions for employers, including whether such a mandate should be implemented and how such a mandate would be enforced.

On Thursday, September 9 the White House released “Path Out of the Pandemic: President Biden’s COVID-19 Action Plan” (the “Action Plan”). The Action Plan includes numerous potential obligations for employers and leaves significant questions unanswered.

Mika Meyers’ Labor and Employment Law team continues to monitor legal developments and considerations as vaccine mandates are implemented throughout the United States.

There is no question that the modern marketplace is changing.� More and more of the work force is leveraging their unique skills and abilities as outside contractors or small businesses than in prior decades.� In fact, many estimates indicate that as much as a third of the United States work force operates in this new “gig economy.”

The Michigan Occupational Safety and Health Administration (“MIOSHA”) Emergency Rules requiring specific worker protections due to the COVID-19 pandemic have been extended for another six (6) months.

The American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, made several key changes to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

On March 11, 2021, the American Rescue Plan Act (“ARPA”) was signed into law. �ARPA has made various alterations to the Families First Coronavirus Response Act (“FFCRA”) which take effect as soon as April 1.

Governor Whitmer signed a bipartisan bill today to provide relief to small businesses and individuals suffering from the impacts of COVID-19.

In 2018, Congress doubled the lifetime estate and gift tax exemption from five million dollars per person (with annual cost of living increases) to ten million dollars per person. The exemption covers taxable gifts made during lifetime (those beyond the $15,000 per person annual exclusion) and then applies to cover your estate upon your death from estate tax. This doubling of the exemption is set to expire or “sunset” on December 31, 2025.

IRS guidance issued regarding the deductibility of expenses which were paid with PPP loan proceeds has left taxpayers disappointed as the IRS has taken the position that such expenses cannot be deducted for purposes of federal taxes as long as the taxpayer expects to receive forgiveness of the PPP loan.

The 2022 Michigan Townships Association Educational Conference will be held at the Lansing Center from April 25 through April 28. The Conference features educational programs and workshops for township officials, appointed personnel, and township employees. Our firm will host its annual hospitality reception at the Radisson Lansing Hotel at the Capitol, 111 North Grand Avenue, Lansing in the Capitol III Room on Tuesday, April 26 from 4:00 to 8:00 p.m. The Capitol 111 Room is located just past the skywalk to the Lansing Center. If you will be attending the Conference, we invite you to visit us at our hospitality reception for snacks and refreshments. We look forward to seeing you.

Determining what entities are subject to municipal utility charges is not always a straightforward analysis. Recently, the Michigan Court of Appeals reiterated that, under the Revenue Bond Act (“RBA”), municipalities are prohibited from providing free services to public corporations. The RBA defines public corporations to include counties, cities, and other entities that exist for the benefit of the public and are devoted to a public purpose. This definition includes authorities created pursuant to the Land Bank Fast Track Act.

The United States Treasury Department’s final rule implementing the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program takes effect on April 1, 2022. The SLFRF program was established under the American Rescue Plan Act of 2021 to provide state, local, and tribal governments with resources to respond to the pandemic and its economic effects. The final rule governs the eligible and ineligible use of SLFRF funds, so it is important that government entities receiving SLFRF funds ensure that any expenditure of the funds complies with the final rule.

In early January, many townships across the state received a Notice of Eligibility to Incorporate as a Charter Township from the Michigan Secretary of State.

The Michigan Court of Appeals issued an opinion in the case of Blackwell v City of Livonia upholding a denial of a Freedom of Information Act (“FOIA”) request for messages sent to the Facebook profile of “Livonia Mayor Maureen Miller Brosnan.” The question at issue in the case was whether the messages are “public records” as defined in the FOIA statute. The Court considered several factors to reach its determination that the messages do not constitute “public records” subject to disclosure under FOIA.

In the early morning hours of Wednesday, October 27, 2021, the Michigan House of Representatives passed House Bill 4722 (“HB 4722”), which significantly limits how local governments may regulate short-term rentals.

On September 30, 2021, the Michigan Court of Appeals issued a decision that clarifies the scope of the state constitution’s voter-approval requirement for local governments to levy a new tax or increase the rate of an existing tax if such tax or increased rate was not already authorized by law at the time the Headlee Amendment, which added the requirement, was ratified.

On October 13 the United States Court of Appeals for the 6th Circuit issued an opinion finding that Canton Charter Township’s Tree Ordinance, which required landowners to obtain a permit before removing a tree and required mitigation as a condition of receiving a tree removal permit, was unconstitutional.

The Michigan Court of Appeals recently issued its published decision in Spaulding v Swiacki (July 2021), which posted a warning sign to public officials who might consider proceeding with a public meeting, while knowing in advance that the meeting was not properly posted on the public body’s website, in accordance with the requirements of the Open Meetings Act (“OMA”). The Court’s warning sign states, in effect, that such action could result in a public official being held personally liable for statutory damages, court costs and attorney fees, even if the meeting was otherwise conducted in substantial compliance with OMA’s notice requirements.

The United States Supreme Court recently considered the subject of governmental takings in the case of Cedar Point Nursery v Hassid, which involved a state regulation granting union organizers access to agricultural employers’ land.

The purpose of a good estate plan is to adequately account for the disposition of valuable assets after the passing of the person making the estate plan. While many assets can be disposed of through the traditional means, such as wills and standard trusts, the process can be more difficult for items that are subject to greater regulation. One primary example of this is firearms.

In 1994, Michigan’s voters approved “Proposal A.” A key feature of Proposal A limited annual increases in property tax assessments to the lesser of 5%, or the rate of inflation, until a property is transferred. The calculated tax assessment is called the “taxable value.” The local assessor still keeps track of the “state equalized value,” (“SEV”) which is theoretically one-half of the property’s market value. When the property is transferred, the taxable value is automatically increased to the SEV– usually referred to as “uncapping.”

Michigan is finally administering a procedure for “Medicaid recovery” of financial support paid under the Medicaid system. Medicaid is a needs-based program to provide long-term nursing care (among other purposes). To qualify for Medicaid, a single person must have $2,000 or less of “countable” assets. Among the few assets which are not “countable” is the person’s homestead with up to $500,000 in equity (adjusted for inflation). In addition, term life insurance policies without a cash value are not countable assets.

The use of “Lady Bird Deeds” has become common in Michigan is a way to pass property upon death. The name comes from the mechanism that President Lyndon Johnson used to pass property to his wife, “Lady Bird” Johnson on his death. Some lawyers call these “enhanced life estate” deeds.

The 2022 Michigan Townships Association Educational Conference will be held at the Lansing Center from April 25 through April 28. The Conference features educational programs and workshops for township officials, appointed personnel, and township employees. Our firm will host its annual hospitality reception at the Radisson Lansing Hotel at the Capitol, 111 North Grand Avenue, Lansing in the Capitol III Room on Tuesday, April 26 from 4:00 to 8:00 p.m. The Capitol 111 Room is located just past the skywalk to the Lansing Center. If you will be attending the Conference, we invite you to visit us at our hospitality reception for snacks and refreshments. We look forward to seeing you.

The firm recently elected the following lawyers to its Management Committee for calendar year 2022: Scott E. Dwyer (Chair), Mark E. Nettleton and Joshua D. Beard.

Congratulations to the 24 Mika Meyers' attorneys named to Grand Rapids Magazine's Top Lawyers for 2022.

Michael J. Huff, an associate of the firm, was named by Best Lawyers in America as a member of the “Ones to Watch” 2022.

Mika Meyers has 26 attorneys included in the 2022 edition of the Best Lawyers in America.

The firm is pleased to announce that five of its attorneys were named Lawyers of the Year by Best Lawyers in America.

Elizabeth Bransdorfer recently co-authored the book “Handling a Divorce Case in Michigan.”

Elizabeth K. Bransdorfer was recently selected to serve as a trustee of the Grand Rapids Bar Association Board and the Justice Foundation of West Michigan.

The firm recently moved its Caledonia office to 9090 S. Rodgers Court, Suite D.

Ron Redick recently created a webex to entitled “OMA and FOIA in a Digital Age.”