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.

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.

A recent Michigan Court of Appeals decision issued on May 13, 2021 held that documents otherwise discoverable under the Freedom of Information Act (“FOIA”) are not generally rendered exempt merely because they provide the basis for a closed meeting under the Open Meetings Act (“OMA”) or are included in the official record of the same. Accordingly, the Appeals Court decision establishes that, although the minutes and transcripts of a closed session are exempt from disclosure, various documents that may be relevant to or relied upon in the same are not necessarily exempt. As a result of this ruling, it is important to remember that absent a specific exemption under FOIA, files are ultimately disclosable.

Over the past several years, the popularity of short-term rentals has exploded, due in no small part to apps and websites such as AirBNB and VRBO, which provide a relatively effortless way for people to book short-term rentals. The quick increase in short-term rental units and the influx of their guests has presented unique challenges for municipalities to balance the interests of residents who wish to preserve the residential character of their neighborhoods on one hand, and the interests of local businesses that benefit from economic activity brought from out-of-town visitors on the other. As short-term rentals have become more and more prevalent, municipalities across Michigan have been crafting, debating, and revising their own policies to address the relevant issues on the local level. Many municipalities have amended their zoning ordinances to regulate short-term rentals in various ways, such as by prohibiting short-term rentals in certain residential districts, restricting the density or maximum number of short-term rentals that may operate in a given area, or requiring short-term rental owners to obtain special land use permits. However, two bills currently pending in the state legislature could nullify those regulations and require municipalities to treat short-term rentals no differently from other residential dwellings in the same zone.

A recent Michigan Court of Appeals decision issued on�March 18, 2021 held that “persons have a reasonable expectation of privacy in their property against drone surveillance.”

Prior to the pandemic, the Open Meetings Act (“OMA”) had been interpreted by the Courts and Attorney General to allow remote electronic participation by members of the public body, as long as those members could hear and be heard at the meeting.

The American Rescue Plan Act of 2021 (“ARP”) allocated significant funding to local units of government.

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.

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.”

During this webex, Ron describes some issues to consider when holding a closed session under the Open Meetings Act.

Ron Redick explains during this webex some of the basic information a person will need to know when serving on a planning commission for the first time..

Attorney Benjamin A. Zainea, a member of the firm, was selected as a member of the Michigan Lawyers Weekly 2021 “Go to Lawyers.”