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 […]

Congratulations to former CMDA attorney Judge Colleen O’Brien who was appointed by Gov. Rick Snyder to fill a vacancy on the Michigan Court of Appeals bench. She will serve the remainder of retired Judge Pat Donofrio’s term, which ends Jan. 1, 2017. Judge O’Brien was an attorney at our Firm until 1998 when she was elected to serve on the Oakland Circuit bench. She is the presiding judge of the […]

In a case recently won by Linda Davis Friedland and Elizabeth Rae O’Donnell, a firefighter sued a local municipality, five former and current Trustees, and the Fire Chief, under Title VII of the Civil Rights Act of 1964 and Michigan’s Elliott-Larsen Civil Rights Act (ELCRA).  Plaintiff sought $1,020,000.00 in damages and was awarded nothing. Plaintiff, who is of Asian descent and a part-time firefighter with the municipality’s fire department, submitted […]

Children throughout Michigan dusted off their backpacks and headed back to school today. We wish them the best of luck as they begin the new academic year. To commemorate CMDA’s 50th Anniversary, every month throughout 2015 we are donating 50 (or more) items to a local charity. This month, we donated school supplies to Taylor International Academy, which is a K-8th grade school comprised of children from Detroit, Southfield and […]

Congratulations to Kevin Hirzel who has been appointed the Chairman of the Legislative Action Committee (LAC) for the Community Association Institute Michigan Chapter (CAI). The LAC is CAI’s official voice with legislators and regulators in Michigan. The LAC allows CAI to speak with one voice on legislative and regulatory matters that affect community associations, community association managers, and CAI business partners in Michigan and on a national level. Mr. Hirzel […]

On August 17, 2015 the National Labor Relations Board (NLRB) blocked a historic bid by Northwestern University football players to form the nation’s first college athletes’ union, dealing a blow to a labor movement that could have transformed amateur sports. It cites the fact that labor law only allows the NLRB to look at private-sector work places, but that most college football programs are at state schools. Of the 125 […]

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 […]

Business owners and individuals should be concerned with protecting their brand identity, which means taking active steps to protect their trademark. The best avenue of protection is Federal Registration of the business or individual’s trademark with the United States Patent and Trademark Office. The right to use a trademark does not come from Federal Registration, instead, the first business or individual to use a distinctive trademark in commerce has the […]

When evaluating the worth of a company, it is important to recognize the value of all assets and liabilities in determining the company’s value.  However, most overlooked are the intangibles – that is, assets that do not have a physical shape, but nonetheless contribute to the earning power of the company.  The true value of a company is its ability to generate earnings and earnings are a function of the […]

CMDA is honored and appreciative for the trust our clients have placed in our Firm since 1965.  As a way to give back to the community as we celebrate our 50th anniversary, every month throughout 2015 the Firm will be donating 50 items (or more) to a local charity. In July, we are collecting food and supplies for PBJ Outreach, Inc., which is a non-profit organization focused on feeding and clothing the […]