The issue of classifying an individual worker asan “employee” or an “independent contractor” is an important one in many contexts.  In the context of unemployment insurance, this distinction determines whether an individual is entitled to unemployment insurance and whether an employer is responsible for paying into that fund. The test used to make that classification [...]

Are You an Employee or Independent Contractor? The issue of classifying an individual worker as an “employee” or an “independent contractor” is an important one in many contexts.  In the context of unemployment insurance, this distinction determines whether an individual is entitled to unemployment insurance and whether an employer is responsible for paying into that [...]

Your website most likely has pictures and possibly video on it as part of the design or to help in the sale of products.  The use of these items is necessary to show your customers what the product looks like or the product’s functions.  However, all too often the source of the pictures or video [...]

On June 21, 2011, Governor Rick Snyder signed into law House Bill 4231, partially overturning a longstanding public policy and giving parents the ability to release a party from liability if his or her child is injured during a recreational activity.  The new law allows a parent, before their child participates in a recreational activity, [...]

In Hall v. Stark Reagan, P.C. et al. 2011 Mich. App. LEXIS 1560, decided September 13, 2011, the Michigan Court of Appeals has clarified that employers in Michigan may be liable for claims of discrimination under the Elliott Larsen Civil Rights Act (ELCRA) even against non-employees, so long as a plaintiff establishes that the employer [...]

Parmenter O’Toole is pleased to announce the addition of Josh Reece as a new associate.  Josh, a graduate of Mona Shores High School, is returning to the area and to Parmenter O’Toole where he worked as a summer clerk while in law school.  He is excited to come home to live and work in the [...]

The Municipal Legal Briefs, a publication of the Michigan Municipal League, recently published an article written by Parmenter O’Toole attorney John Schrier, with assistance of summer clerk Colleen Healy, concerning a municipality’s ability to indemnify another party.  The article, “Municipal Indemnification:  The Evolving Case Law,” outlines how the courts have expanded a municipality’s legal ability [...]

The No. 1 question we hear from people who need to obtain Medicaid assistance in order for their spouse to stay in a nursing home is: How can we preserve some of our life savings and still pay for the nursing home?  Most people do not know that Michigan Law allows a married couple to [...]

Michigan Court of Appeals affirmed Parmenter O’Toole’s trial court victory.  Parmenter O’Toole was retained to defend several clients who were involved in state court litigation regarding stock redemption agreements.  The stockholders who were redeemed later claimed fraud and forgeries.  The trial court judge dismissed the plaintiffs’ claims and plaintiffs filed an appeal to the Michigan [...]

By William J. Meier, PARMENTER O’TOOLE On October 5, 2010, Michigan enacted the Commercial Real Estate Broker’s Lien Act giving brokers the right to file a lien as collateral for commissions owed on the sale or lease of commercial real estate.  The new law only applies to commercial real estate and specifically excludes residential properties [...]