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Legal Insights Blog
Welcome to Our Legal Blog. We’re glad you’re here.
At Beier Howlett, P.C., we know the law can feel overwhelming, and our goal is to make it a little easier to understand. This blog is a place where we break down everyday legal questions, share helpful tips, and talk about what’s happening in the legal world in a way that’s clear and practical.
Whether you’re looking for guidance, exploring your options, or simply curious, we hope you find information here that supports you and answers your questions. Thanks for reading—we’re here to help.
Business Legal Tips
Tis the Season to be Jolly...But Not Too Jolly
Top Holiday Party Legal Issues for Employers The holiday season is in full swing, which typically means parties, events, dinners, and everything in between. While employees are getting ready to attend company holiday gatherings, employers are preparing to plan an enjoyable and risk-free event. There are certain legal issues that employers may face during the holiday party season. It is important to be aware and prepared so the party does not end with employee complaints, inju
Dec 8, 20254 min read
Is a Buy-Sell Agreement Essential for Business?
For business owners, making decisions for the business’ future will be a never-ending endeavor. It is easy to get caught up in focusing on day-to-day operations, but the long-term future of the business is typically the ultimate goal for any business owner. An important decision business owners should make is whether or not the business would benefit from having a buy-sell agreement in place. What is a Buy-Sell Agreement? A buy-sell agreement is a legally binding contract bet
Oct 1, 20255 min read
Preparing Lease and Rental Agreements
As a landlord, it is important to prepare lease and rental agreements properly. Lease and rental agreements are the foundation of the legal relationship with your tenant. It is common for lease and rental agreements to be used interchangeably, however there is a difference between the two. Typically, a rental agreement is more of a short-term contract such as month to month, whereas, a lease agreement is a contract for a longer period, usually over six months. A basic lease o
Aug 18, 20255 min read
Essential Elements of a Contract
Contracts are legally binding agreements between two or more parties that consist of a mutual exchange of promises with terms and conditions that are understood by both parties.
Mar 19, 20253 min read
Corporate Transparency Act Injunction
The U.S. District Court has issued a nationwide injunction halting the Financial Crimes Enforcement Network (FinCEN), a branch of the United States Department of Treasury, from enforcing federal regulations of the Corporate Transparency Act.
Dec 9, 20242 min read
Corporate Transparency Act
The Corporate Transparency Act (CTA) went into effect January 1, 2024. This federal legislation, enacted by Congress in 2021, requires most small to mid-sized businesses in the United States to report who owns and/or controls the business by filing a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network. This is a branch of the United States Department of Treasury (FinCEN).
Oct 9, 20244 min read
FLSA Rule Change: Is Your Salaried Employee Still Exempt From Overtime Pay?
The Fair Labor Standards Act is a United States Federal Labor Law enacted in 1938 that protects employees’ rights by establishing minimum wage, overtime pay eligibility, record keeping, and child labor rules. This affects full-time and part-time employees in the private sector and in the federal, state, and local governments.
Sep 24, 20244 min read
Pregnant Workers Fairness Act-The Final Rule
The Pregnant Workers Fairness Act is a law that mandates federal requirements for employers to provide “reasonable accommodations” in the workplace to an employee with limitations due to pregnancy and childbirth, or other related medical conditions, unless this implementation imposes “undue hardship” for the employer.
Jun 18, 20244 min read
Non-Disclosure Agreements: An Overview
Non-disclosure agreements (NDAs), also referred to as Confidentiality Agreements, are legally binding contracts in which one or more parties enter into a confidential relationship because of sensitive information. NDAs are used to help keep valuable business information secret.
Apr 17, 20242 min read
Different Types of Business Entities in Michigan
Starting your own business requires many steps, but one of the first steps is deciding your business structure. In Michigan, there are several types, ranging from simple to complex. Corporations are required by law to have a board of directors, then there are some structures that offer more limited liability than others, and then there are some that are taxed more heavily than others.
Jan 16, 20244 min read
Pregnant Workers Fairness Act
In December 2022, President Biden signed a bill that further protects pregnant employees. This law, which went into effect June 27th 2023, is called the Pregnant Workers Fairness Act (PWFA). This new law mandates federal requirements for employers to provide “reasonable accommodations” in the workplace to an employee with limitations due to pregnancy and childbirth, or other related medical conditions.
Aug 10, 20233 min read
Landlord Tenant Checklist
It is important to thoroughly review your lease contract and inspect the rental property before signing the contract in order to fill out the Landlord-Tenant Checklist.
Jan 19, 20222 min read
Overview of the FMLA and Suggestions for Preventing Employee Abuse
FMLA stands for the Family and Medical Leave Act. It is a federal labor law, generally applicable to employers with 50 or more employees, that allows eligible employees to take up to 12 weeks of unpaid leave a year for qualified family or medical related reasons.
Jan 7, 20225 min read
Battle of the Forms-Contract Terms
There is an endless variety of contracts that businesses enter into everyday. They can range from a verbal order for a single product to a heavily negotiated, long-term written supply agreement covering many years and millions of dollars in goods. Most businesses do not have lawyers regularly review the contracting process for each transaction.
Jul 23, 20203 min read
Protect Your Lien Rights
Now that the auto industry is roaring, special tool builders and mold builders should not rest on blind confidence that they will get paid for their materials and services. Michigan law provides added security to both special tool builders and mold builders that haven’t been paid for their materials and services, protecting their lien rights.
Feb 12, 20152 min read
Five Reasons to Play by the Corporate Rules
Most businesses operate using a formal legal entity (either a corporation or a limited liability company). [This article will refer to corporations since those entities remain more commonly used and their formalities are more settled.] The applicable corporate statutes and case law, and good practice generally, set forth corporate rules as to how certain actions should be taken by business owners (Shareholders) and managers (the Board of Directors).
Oct 2, 20143 min read
Trade Secrets Protected
Enacted in 1999, MUTSA gives trial courts authority to enjoin “actual or threatened misappropriation” of company trade secrets. The enjoined employee, according to the Michigan Court of Appeals, showed some “warning flags” that he would disclose certain trade secrets of his former employer.
Apr 10, 20122 min read
Is Your Liability Waiver Enforceable
Toss out the liability waivers and replace them with an increased insurance policy? According to a recent decision by the Michigan Supreme Court, the traditional pre-injury liability waiver, signed by parents to allow their child’s participation in a range of activities, will no longer hold up in court.
Mar 23, 20122 min read
Single Member LLCs
A recent decision of the Supreme Court of Florida has called into question the previously-held belief that a creditor of an individual could not reach the assets of the individual’s single-member limited liability company (LLC). In Olmstead v FCC, decided in June, 2010, a divided panel of the Florida high court determined that a creditor of the sole member of an LLC could force the individual debtor to “surrender all right, title, and interest in the debtor’s single-member L
Feb 15, 20123 min read
Landlord-Tenant Primer
Owning rental property – be it residential or commercial – can be a lucrative business. But being a landlord also has its share of pitfalls and land mines. A prudent property owner who is careful to avoid some very simple mistakes will find that the business of owning property can have a lot fewer headaches.
Jan 19, 20123 min read
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