On May 7, 2013, the U.S. Court of Appeals for the D.C. Circuit, in National Association of Manufacturers v National Labor Relations Board, struck down a NLRB regulation mandating that employers post an 11-by-17 inch board in a prominent location explaining the rights of workers to unionize and bargain collectively. Interestingly, the D.C. Circuit did [...]
It is a general rule of construction that changes in the law subsequent to the execution of a contract are not deemed to become part of the agreement unless its language clearly indicates such to have been the intention of the parties. For example, in Kia Motors America, Inc. v. Glassman Oldsmobile SAAB Hyundai, Inc., [...]
The United States Custom and Immigration Service (USCIS) has issued a new Form I-9. Beginning on Tuesday, May 7, 2013, all employers must use this new form for all new employees. The new form is available here: http://1.usa.gov/6WwZVE Form I-9 is used to verify citizenship of employees and their eligibility to work in the US. [...]
Late last year, Governor Snyder signed legislation requiring Michigan circuit courts, with at least three judges, to create business courts to hear business and commercial cases. Now, the Michigan Supreme Court has named the judges that will serve on the new business courts. The Judges are: Wayne County: Judge Jeanne Stempien Washtenaw County: Judge Archie [...]
Michigan recently enacted a new statute of repose for legal malpractice claims, MCL 600.5838b, which gives plaintiffs six years after the date of the alleged malpractice was committed to bring suit, regardless of when the claim was discovered, or when the legal representation ended. Traditionally, a plaintiff had two years from the date of the [...]
The Michigan Professional Service Corporation Act has been eliminated as a separate act and the vast majority of its provisions have been codified in Chapter 2A of the Business Corporation Act. Chapter 2A specifies when incorporators must incorporate a corporation as a professional corporation and when they may incorporate as either a professional corporation or [...]
LIKE KIND EXCHANGES UNDER INTERNAL REVENUE CODE SECTION 1031 Prior to 2000, the real estate market was so hot that a property might appreciate more than 20% overnight, especially at the height of the market in 2006. Now, we are happy that some real estate experts are predicting an appreciation of 20% for this year. [...]
Michigan law provides benefits to persons unemployed through no fault of their own. Thus, a person will be denied unemployment benefits if he left work voluntarily without good cause attributable to the employer. However, situations commonly arise where even without good cause, an employee may still be entitled to unemployment benefits if the employer neglects [...]
In my January 22nd post, I discussed factors which determine whether or not someone is classified as an independent contractor or an employee. There are obvious financial benefits for an organization that utilizes independent contractors opposed to employees. However, there are also legal benefits involved. Respondeat superior is Latin for “let the master answer.” Vicarious [...]
Mark Demorest was again selected a Top Lawyer in metro Detroit by Dbusiness Magazine for 2013, in the category of business litigation. The Top Lawyer designation is a peer-reviewed award with a demanding selection process. Over 21,000 lawyers were polled and asked to name three lawyers for each practice area. DBusiness Magazine has previously honored [...]
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