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 […]

MICHIGAN CASE LAW UPDATE ESPN v. Michigan State University Court of Appeals Docket No. 326773 (August 18, 2015) In September of 2014, ESPN submitted a request under FOIA to the University asking it to provide ESPN with incident reports involving a list of student-athletes over a specified period of time. The University produced two sets of records but redacted the names and identifying information of the suspects, victims and witnesses. […]

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 […]

We are pleased to announce that Kathy Ueberroth recently celebrated her 25th anniversary with the Firm.  Kathy is a legal secretary in our Livonia office and has worked with Mr. Acho for the past 22 years.  She is the only employee in our Firm whose birthday and work anniversary fall on the same day.   Chris Schultz, managing partner of the Firm, explains, “Kathy’s dedication to her job and the Firm […]

Jim Acho, a senior attorney in our Livonia office, was interviewed by Law360 Magazine regarding the Tom Brady Deflategate issue and professional athletes’ options in federal court. The article, Even in Deflategate Pro Athletes’ Court Protection Limited, outlines how federal courts have recently played a large role in professional athletes’ employee disputes as NFL players Tom Brady and Adrian Peterson have both appealed league discipline to the courts. Brady is […]

We are delighted to announce that Marie Jones recently celebrated her 25th anniversary with the Firm.  Marie is a legal secretary in our Livonia office and has worked with Mr. Cummings for the past 12 years.  It is no wonder that Marie and Mr. Cummings work so well together, as they are both kind, caring and always willing to assist others.   Chris Schultz, managing partner of the Firm, explains, […]