Contractual Statute of Limitations Waivers Will be Enforced

In a recent decision entitled Sams v Common Ground, a panel of the Michigan Court of Appeals enforced a Michigan employment contract reducing the customary six years statute of limitations to just one year. The employee challenged that reduced time limit as being unconscionable and contrary to the Persons with Disabilities Civil Rights Act. The …

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Defining an Independent Contractor

The case discussed in a previous post, Naseef v Wallside, Inc., addresses the issue of how the law distinguishes an independent contractor from an employee. The context n Naseef is pretty typical: is the subcontractor on a construction job an independent contractor? The Court affirms that Michigan law follows the “control test” in making that …

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