Hiring workers can involve liability for homeowners and businesses alike, even if the workers hired are only part-time or temporary.  An employer should be careful when deciding to classify a worker as an employee versus an independent contractor.  The Internal Revenue Service (IRS) imposes severe penalties upon businesses and homeowners if a worker is misclassified as an independent contractor, rather than an employee. Effective January 1, 2013, Michigan’s Unemployment Insurance Agency (UIA) […]

We are pleased to announce that Eilzabeth Rae-O’Donnell has joined our Firm as an attorney in our Livonia office. She focuses her practice on municipal law and labor and employment law. Prior to joining CMDA, she served as the assistant city attorney for the City of Southfield where she practiced all areas of municipal law, including prosecutions, tax appeals, zoning and planning, Freedom of Information Act and labor and employment […]

In what has been called a big victory for borrowers of commercial loans, the Michigan Court of Appeals has upheld the Michigan legislature’s recent passage of the Non-Recourse Mortgage Loan Act (NMLA). In the case of Wells Fargo Bank v Cherryland Mall Ltd Ptnsp, the Court addressed the issue of whether developer David Schostak is personally liable for a guarantee on an original $8.7 million non-recourse loan obtained for the purpose of renovations […]

Healthcare’s Small Business Tax Credit: Is your Small Business Eligible? The Patient Protection and Affordable Care Act includes a tax credit for small businesses that choose to offer healthcare to their employees. The tax credit has been available since 2010 and helps to offset the cost for companies providing the benefit.  Small business owners that provide healthcare should take advantage of the credit, if possible, while those that are considering […]

Healthcare in the United States is changing rapidly, but the details, thus far, have been murky at best.  The passage of the Patient Protection and Affordable Care Act, as well as the subsequent United States Supreme Court ruling in National Federation of Independent Business v. Sebelius have created more than their fair share of confusion.  The Act itself is 2,409 pages, not including the additional 55 pages of the Healthcare […]

A Federal Appeals Court ruled that an artist’s use of the University of Alabama’s trademark within his paintings was protected by the U.S. Constitution First Amendment Free Speech Clause. In litigation that cost the University of Alabama an estimated $1.4 million in legal fees, the University claimed the artist’s depictions of Alabama Crimson Tide football team violated the University trademark rights. The Federal Appeals Court disagreed noting that the depiction […]

Sterling Heights Attorneys  Obtain Dismissals of Employment Lawsuits Sterling Heights attorneys Timothy Ferrand and Jason Thomas recently obtained dismissal of two employment lawsuits filed in Federal Court. The first lawsuit was filed by a female police officer who was disciplined as a result of work rule violations.  Those violations included leaving a run without permission, engaging in an off-duty bar fight and getting into an off-duty automobile accident.  The officer […]

Owning a small business and living in the land of “entrepreneurial bliss” can prove rewarding, yet challenging. I have counseled many small business owners and advise them of three areas of their business that need constant attention: insurance, accounting and marketing. These areas should not be delegated to an employee or independent professional without the owner’s consistent oversight. Being educated, informed and pro-active in these areas can protect the owner, […]

Jeff Clark, a partner in our Livonia office, was recently selected as a 2013 Top Rated Lawyer in Land Use and Zoning by American Lawyer Media and Martindale-Hubbell. According to Martindale-Hubbell, “attorneys recognized as ‘Top Rated Lawyers’ have achieved significant leadership status and are highly regarded by their peers for both their legal ability and high ethical standards.” Mr. Clark concentrates his practice on municipal law, land use and zoning, […]

This is a follow-up to the “2012 Tax Planning for Fiscal Cliff” article published in CMDA’s On Law newsletter (December 2012) and on our website. On January 1, 2013 Congress passed the American Tax Relief Act extending many of the individual and business tax breaks reviewed in the article. As a supplement to the Article, below is a list of some of the significant tax changes. Individual Income Taxes Federal […]