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 […]

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 […]

Under the American legal system, there is no realm of human activity that fails to spawn litigation. The financial cost of a potential judgment is easily recognized. Less understood is the cost of time, energy, and resources (financial and human) of the litigation process itself. Even the defendant who avoids judgment by “winning” his case will still have expended resources that the law generally affords no avenue to recover. The […]

On April 10, 2015, a full panel of the Sixth Circuit Court of Appeals (covering Michigan, Kentucky, Ohio, and Tennessee) decided in an unpublished decision that a former Ford employee, Jane Harris, was not a qualified individual with a disability because her excessive absences prevented her from performing the essential functions of a resale buyer. The Court further held that Harris’ telecommuting proposal was not reasonable because it removed an […]

E-Verify is a federal program that employers use to verify a new employee’s employment eligibility in the United States. The use of E-Verify has grown exponentially in the last few years and its use only continues to increase. According to the United States Citizenship and Immigration Services, just over 1,000 employers were enrolled in E-Verify in 2001, and by 2015, over 688,000 employers were enrolled. A contributing factor to this […]

Identity theft is occurring more often, due in part to the recent data breaches with merchants, hospitals, and various websites. Identity theft also results from so-called “phishing scams,” in which the victim is tricked into revealing personal information. Even if you do business only with trusted companies, and you keep your personal information to yourself, you should still be aware of the following signs of identity theft: You see withdrawals […]

On May 22, 2014, the Michigan House of Representatives passed House Bill 5273, Michigan Investment Markets (MIM). This Bill amends the Michigan Uniform Securities Act to provide for the creation and regulation of intrastate security markets or exchanges. It is designed to complement the Michigan Invests Locally Exemption (MILE), recently signed into law by Governor Snyder, which permits investment crowdfunding for small businesses. The Bill is currently pending before the […]

Wearable technology is becoming more and more present in our technologically-based society. Google Glass is “smart eyewear” featuring a small computer built into a pair of glasses. Google Glass functions much like a smartphone, but users see a visual display in their line of vision and operate the device with voice commands. The glasses provide a hands-free way to be fully connected to technology at all times. After being in […]

In the wake of the Great Recession, which, according to the Bureau of Labor Statistics, began in December 2007 and ended in June 2009, a flurry of federal legislation was enacted to provide support for consumers.  The Fair Credit Reporting Act, which became effective July 21, 2010, was amended to provide for “one-call fraud alerts.”  Under this amendment, if you believe you have become a victim of identity theft, you may call […]