Archive for 'Mark Demorest'

Four Attorneys of Demorest Law Firm, PLLC Named “Super Lawyers” for 2011

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 [...]

Important Anti-Retaliation Update

In Kasten v. Saint-Gobain Performance Plastics Corp, the Supreme Court of the United States considered whether the anti-retaliation provision of the Fair Labor Standards Act (FLSA) applied to oral complaints. In Kasten, an employee orally complained to his company about an unlawful practice, for which he was subsequently fired. In addition to orally complaining to [...]

Employees Beware: Emails With Your Attorney May Not be Privileged if You Use Your Company E-mail

In California, a woman who sued her employer may not assert attorney client privilege to emails she sent her attorney from her work email, a California appeals court ruled. The woman claimed that the emails she sent to her attorney from her work email were protected under the attorney client privilege doctrine. The court noted [...]

Paperless Payroll: Michigan’s Revised Payroll Disbursement Law

In a change to Michigan’s payment of wages and benefits law, the Michigan Legislature recently changed the law so that employers may require their employees to accept compensation in a paperless form; through either direct deposit or by using a payroll debit card. The amendment to the Payment of Wage and Fringe Benefits is attached.  [...]

Michigan Law Now Allows Easier Conversion of Corporations Into Limited Liability Companies, and Vice Versa

The Michigan Limited Liability Company Act has recently been amended (Public Act 290 of 2010). The changes will be discussed in a series of articles on our firm blog. One of the most important changes to the Act is to allow a corporation to be converted into a limited liability company, or the conversion of [...]

Change To Michigan Youth Employment Laws for Non-Profits

The State of Michigan has recently created an exception to the requirement that a minor must have a work permit from the minor’s school in order to be employed. Effective immediately, a work permit is not required for a minor who is working as an unpaid volunteer for a charitable organization that is recognized as [...]

Michigan Supreme Court Fundamentally Changes Law On Extraction Of Natural Resources

For many years, the Michigan Supreme Court protected the rights of property owners to extract natural resources from their property.  In Michigan, this often involves sand or gravel pits, timber, and oil and natural gas wells.   Based on prior court decisions, local governments could not prohibit mining these resources as long as “no very serious [...]

Liability For Sports Injuries

In a recent decision the Michigan Court of Appeals considered the liability of an arena and an opposing player for an injury in a soccer game. (Click here to view the decision). The plaintiff was injured when an opposing player made a slide tackle and took the plaintiff’s legs out from under her. The arena [...]

Can An Employer Fire An Employee By Accepting a Resignation?

The Michigan Court of Appeals recently issued an opinion that will make employers think twice about resignation procedures for employees. In Robbins v. Sault Ste. Marie Tribe of Chippewa Indians (Click here for a PDF of the case), an employee had a written clause in her contract that she would receive two years’ salary if [...]

What Are the Duties of the Insurance Agent Regarding Coverage and Premiums?

The Michigan Court of Appeals has just issued a ruling that describes the duties and responsibilities of not only insurance agents, but also the insured. In General Agency Company v. Huron Oil Company (2010) (Click here to download a PDF), the Court of Appeals reinforced that an “insurance agent has no duty to advise an [...]