News & Info

Recently, Governor Whitmer announced that Michigan had signed an agreement with the United States Secretary of Labor, so that it can provide expanded unemployment benefits to eligible employees.

On March 27, 2020, Congress approved the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). One of the most noteworthy provisions of the Act is a new $349,000,000,000 Paycheck Protection Program of loans to be made by your local bank to small businesses, guaranteed by the Small Business Administration (“SBA”).

On March 27, 2020 the House passed and the President signed into law the CARES Act intended to provide economic and financial relief to American families and businesses impacted by the COVID-19 Pandemic. A key component of the Act will be the almost immediate payment of income tax credits that will be available to Americans who have a social security number or adoption identification number, for children in the adoption process.

In regard to businesses matters, the CARES Act (the “Act”) has three primary groups of provisions that are relevant to consider for most businesses.

Human resources professionals, government officials, and business leaders have been working furiously to keep apprised of developments in the quickly evolving employment law landscape as the Federal government and State of Michigan work to enact provisions to support employers and employees facing challenges related to COVID-19.

On March 25, the Department of Labor (DOL) issued posters addressing the federal paid leaves created by the Families First Coronavirus Response Act (FFCRA).

Human resources professionals and business leaders have been working furiously to keep apprised of developments in the quickly evolving employment law landscape as the Federal government and State of Michigan work to enact provisions to support employers and employees facing challenges related to COVID-19.

At the beginning of the third week in March, the United States Supreme Court decided a bankruptcy case which includes relevant lessons and considerations for lenders, investors and those manufacturers which finance the purchase of their goods. At issue was whether a bankruptcy court has the authority to confirm a settlement agreement in conjunction with the dismissal of a bankruptcy filing when the settlement agreement violates the priority for distributions set forth by the Bankruptcy Code and the impaired creditors have not consented to the settlement agreement.

In a familiar refrain, business owners often question which practices they should engage in when managing members of the millennial generation (roughly those individuals born between the early 1980’s and the year 2000).

Have you or your business received a letter from the Business Software Alliance (“BSA”) claiming that your software licenses are out of order? Would you be prepared to respond to such a letter?

This weekend, Governor Gretchen Whitmer issued two new Executive Orders which affect local governments.

Executive Order 2020-21 creates unique issues for local governments, including identifying critical infrastructure employees, deciding what is needed to conduct minimum basic operations, dealing with labor and employment issues, and conducting essential functions like approving the budget and operating the building department for necessary functions.

Late yesterday, Governor Gretchen Whitmer issued Executive Order No. 2020-15 (the “Order”) to address meetings of public bodies, such as township boards, village councils, county boards of commissioners, etc., required under the Open Meetings Act (“OMA”), MCL 15.261 et seq., in the wake of the novel coronavirus (COVID-19) pandemic.

As reported in an earlier edition of this newsletter, last summer the Michigan Court of Appeals issued a published opinion in the case of Reaume v Township of Spring Lake re-affirming that short-term rental occupation is a commercial use of property that does not fall within the definition of residential single family use.

The Right to Farm Act (“RTFA”) is one of many State laws which preempts local control. Officials in any community that contains rural areas should have a basic understanding of the RTFA.

Michigan Department of Environment, Great Lakes, and Energy’s (EGLE ) Lead/Copper Regulations Survive Legal Challenge

The draft 2020 Generally Accepted Agricultural and Management Practices for Farm Markets could have significant land use consequences.

In Mich Ass’n of Home Builders v City of Troy, the Supreme Court found that the City of Troy’s use of inspection fee revenue to pay for past budgetary shortfalls was unreasonable because the fees were not reasonably related to the operation of the Building Department.

Summer in Michigan is finally heating up, and so are clashes between local governments and property owners over short-term rentals.

State law preempts local zoning and land use control over many different types of land uses. One of the most important protections is for commercial agricultural operations under Michigan’s Right to Farm Act (RTFA). Local governments often face difficult issues about whether they can enforce their ordinances with respect to farm animals, accessory buildings, and farm market sales.

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.

On April 1, 2020, Curtis Underwood joined the WOOD AM morning show to discuss the CARES Act.

On March 29, 2020, Chris Matthysse was interviewed by MiBiz regarding businesses holding off from transitioning or exiting.

On March 26, Liz Bransdorfer appeared on WZZM 13 to discuss that court-ordered parenting times must be observed.

In an interview with WGVU reporter, Shelley Irwin, Nikole Canute provided some input on how employers can address time off during the COVID-19 pandemic.

On March 17, Andrea Crumback’s article “Could I be saving more of my hard-earned money” was posted on the Grand Rapids Business Journal’s Law Blog.

On March 17, 2020, Nikole Canute was interviewed by Corp! Magazine on how businesses can navigate the fast-changing COVID-19 issues.

On March 15, Mike Huff was interviewed by Fox 17 regarding sports betting.

Mika Meyers continues to monitor the Coronavirus/COVID-19, and is taking appropriate action to protect the health of our attorneys, staff and clients.� �Due to the concerns associated with Coronavirus and Governor Whitmer's "Stay Home, Stay Safe" Executive Order, our doors will be locked during the normal business hours starting on Tuesday, March 24.

In an interview at WOOD 1300 AM, Mike Huff explained that sports betting is currently only legal in Detroit.

Mike Huff provided input in an interview with WGVU, as to why the State of Michigan has legalized sports betting.