U.S. Department of Labor Releases Final Overtime Rules

The Department of Labor recently released the final rules regarding the payment of overtime to employees, governed by the Fair Labor Standards Act (FLSA).  While the new rules were to go into effect in June of 2015, a large number of modifications changed the original draft, and the final rules are now made effective December 1, 2016.  This will allow employers the opportunity to anticipate the broad changes that will […]

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CMDA Now Handles Patents

We are pleased to announce the addition of Patent Law services to the Firm’s established intellectual property practice group. Michael O. Cummings, an experienced and skillful Patent Law attorney, has joined our Firm. Mr. Cummings understands and appreciates the importance of Patents for commercial success. Patents are valuable assets, and he is committed to protecting them for our clients. CMDA strives to provide clients with the strongest and broadest intellectual […]

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Contributing to a Roth IRA through the Backdoor

Many high income earners believe that they cannot contribute to a Roth IRA.  This is because they are unaware of the loophole they can use by contributing through the backdoor. The income limitations imposed by the Internal Revenue Service create the perceived barrier.  For 2016, the income and contribution limits for a Roth IRA are as follows: Filing Status Modified Adjusted Gross Income Contribution Limit Married, Filing Jointly <$184,000 Up […]

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Employee Handbooks are Essential for Small Businesses

Clients frequently question the value of preparing an employee handbook.  Many small business owners do not provide employees with an updated, legally-sound handbook due to the anticipated time needed to develop it and/or the belief that it is not necessary since they have good relations with their employees.  Providing all employees with information on the company’s policies and guidelines, employee programs, attendance rules, and other work-related rules is one of […]

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Employers Face More Compliance Challenges

This past January, the Michigan Unemployment Insurance Agency (MUI) mailed a new determination to employers – Form UIA 6367, Notice of Determination of Employer Charging (Notice). The MUI uses this form to notify employers that they have the potential to be charged for (unemployment) claims for which the employer does not provide timely or adequate information in the calendar year. Michigan law provides that if an employer or its agent […]

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2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

As a new year is upon us, we reflect back on 2015 and the successful year we had at CMDA. We recognized a monumental milestone, hired several attorneys, and celebrated some remarkable anniversaries. CMDA was honored to have celebrated our 50th Anniversary in 2015. This monumental anniversary would not have been possible without Owen Cummings, the founder of the Firm.  Mr. Cummings had a vision of developing a Firm whose […]

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Should Michigan Employers “Ban the Box” and Remove the Criminal Conviction Question from Applications?

On November 2, 2015, President Barack Obama announced a new executive order to “Ban the Box,” which is a check off on federal job applications that requires job applicants to disclose their criminal conviction history on the face of the application. This initial disclosure often causes employers to eliminate applicants before ever considering their qualifications. Background investigations will still occur, but at the federal level, agencies will delay inquiries into […]

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Strategies to Minimize Joint Employer Liability

Employers should re-evaluate the creation of indemnity with clients where workers are placed at client work sites and also analyze any existing indemnity provisions of contracts with others where either has agreed to provide indemnity. The National Labor Relations Board (NLRB) reversed more than 30 years of precedent in the recent case of Browning-Ferris Industries of California, Inc., which effectively changed the rules regarding protection for previously protected employers. Most […]

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New Rules Affecting Workers and Employers by the U.S. Department of Labor

Many businesses, as employers, have experimented with treating their workers as independent contrac­tors in an effort to avoid withholding wages for taxes, social security (FICA) and unem­ployment insurance, as would be required for workers classified as employees. The U.S. Department of Labor (DOL) com­piled a new six-part test, issued under the Administrator’s Interpretation 2015-1. Is the work an integral part of the employer’s business? For example, a lawyer doing work […]

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EEOC Bans Discrimination against Sexual Orientation in the Workplace

On July 16, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) ruled that all job discrimination based on sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. This historic 3-2 decision does what Congress and most courts so far have refused to do: ban discrimination against gays in the workplace. Until now, only a handful of states and municipalities have done […]

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