DCA Blog

Amanda Narvaes's Articles

“Who do you work for?”: When Independent Contractors become Employees

What is an "employee?" While the simple answer is that an employee is somebody who is employed to work for an employer, the law differentiates between an “employee” and an “independent contractor.” Determining if you are an employee or an independent contractor makes a difference in most areas of law relevant to workers: contracts, tax law, workers’ compensation, wage and hour laws, and other laws created to protect employees.

New Law Requires Establishment of Specialized "Business Dockets"

On October 16, 2012, Governor Snyder signed into law HB 5128, sponsored by Rep. John Walsh, as Public Act 333 of 2012. The Business Law Section of the State Bar of Michigan, a group of business law attorneys, supported the new law and provided meaningful input on drafts of the bill. This new law will require State of Michigan circuit courts with three or more judges (currently there are 17 such courts) to establish specialized “business dockets.”

"Qualified Mortgage" Regulation Debate Continues

In early July, Congress continued to scrutinize the ongoing struggle to reform lending practices in the wake of the 2010 Dodd-Frank Act.

ACA’S Medicaid Expansion Upheld by the Supreme Court

On June 28, 2012, public attention to the United States Supreme Court swelled, as that eminent body handed down its landmark decision in Natl. Federation of Independent Business v. Sebelius, 567 U. S. ____ (2012).

U.S. Supreme Court Upholds Arbitration Clause in AT&T Contracts Disallowing Class Actions

On April 27, 2011, the U.S. Supreme Court, in a 5-4 decision penned by Justice Antonin Scalia, determined that an arbitration provision in millions of AT&T's subscriber contracts prohibits the filing of class action lawsuits by consumers of AT&T's products.  The long-pending case, AT&T Mobility LLC v. Concepcion, turned on whether a California law disallowing arbitration provisions that waived consumers' rights to bring class claims was contrary to a federal law which favors private arbitrations over lawsuits.  The court held that California's law was invalid.  Justices Breyer, Ginsburg, Sotomayor and Kagan dissented.

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