Where your business has open accounts with customers, it is important that any attempts at collecting payment be made timely. Although the normal rule allows breach of contract actions to be commenced within six years, where the breach of contract on an open account is based on the sale of goods, it must filed within [...]
In a recent decision handed down by the Michigan Supreme Court, Miller-Davis Co. v. Ahrens Construction, Inc., the court ruled that Michigan’s six-year statute of limitations for breach of contract, MCL 600.5807(8), applied to breach of contract claims against contractors, architects, or engineers for improvements to property. In doing so, the Supreme Court rejected the [...]
The National Labor Relations Board agreed last week to delay the effective date of its controversial new Employee Rights Notice Rule until April 30, 2012 (available at http://www.nlrb.gov/news/nlrb-postpones-effective-date-rights-posting-rule-april-30). The Rule requires that non-exempted employers post a notice of employee rights under the National Labor Relations Act. Under the rule, most employers will be required to [...]
One of the bedrock principles of Michigan property law is that property held jointly by husband and wife is protected from the claims from one spouse’s creditors. However, a recent federal court ruling has significantly undercut this important property right. In a recent opinion, the Sixth Circuit Court of Appeals (available at http://www.law.justia.com/cases/federal/appellate-courts/ca6/10-1498/11a0580n-06-2011-08-18.html) ruled that [...]
Misclassification of employees is a hot enforcement topic for the IRS. Determining whether a worker should be classified as an independent contractor or an employee is not always clear. The IRS has 20 factors that they consider when determining whether one is an employee or an independent contractor. The factors focus on the ability of [...]
In a move that will likely help employers, the Michigan Legislature recently amended the youth employment law, MCL 409.111. The amendment clarifies the number of hours that minors between the ages of sixteen and eighteen, who are also enrolled in school, may work. The law now states that minors between those ages may work no [...]
The Michigan Supreme Court this afternoon issued a short (two page) Order that reversed the Court of Appeals opinion in Residential Funding Co. v Saurman, which I discussed previously. The Saurman opinion in the Court of Appeals had ruled that Mortgage Electronic Registration Systems, Inc. (“MERS”) could not foreclose by advertisement in the State of [...]
Demorest Law Firm, PLLC, welcomes Michael K. Hayes as an associate attorney. Michael originally joined the firm in 2010 as a law clerk and was recently made an associate after being admitted to practice in both Michigan and Wisconsin. Michael graduated from Michigan State University with a Bachelor of Arts in Political Science in [...]
Mark Demorest, John Holmquist, and Dave Nykanen from Demorest Law Firm, PLLC were recently named “Michigan Super Lawyers” for 2011. Melissa Demorest has been named a “Rising Star”. The selection of “Super Lawyers” is based on a survey of thousands of fellow lawyers in the state of Michigan. Michigan Super Lawyers identifies the top 5 [...]
The Michigan State Tax Commission has, by way of Bulletin 14 of 2011, issued notification of the 2012 inflation rate multiplier, to be used for calculating 2012 taxable values. The multiplier is 1.027, or a 2.7% increase. Therefore, pursuant to Michigan statute enacting Proposal A of 1994, the 2012 taxable value for your property, absent [...]
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