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July 2015 Archives

"Most Workers Are Employees" Under The Fair Labor Standards Act

On July 15, 2015, the Administrator for the Department of Labor ("DOL"), issued the "Administrator's Interpretation No. 2015-1" (hereafter "Interpretation") regarding "The Application of the Fair Labor Standards Act's 'Suffer or Permit' Standard in the Identification of Employees Who Are Misclassified as Independent Contractors." The Interpretation provides an overview of the problem of businesses' misclassification of workers as independent contractors1 instead of employees.

Utility Companies May Install "Smart Meters" on Customer Property Without Permission

Last week's Michigan Court of Appeals decision in Stenman v. Stenman, Docket Number 321203, provides a cautionary tale: You do not always have absolute control over your own property. In Stenman, the court recognized the broad authority of a public utility company, the Detroit Edison Company ("DTE"), to install and maintain meters on their customers' property without tampering from the customer.

Hertz Schram PC Obtains $6.25 Million Settlement for Largest Inland Oil Spill Case

In July of 2010, an oil pipeline operated by Enbridge LP and related companies (Enbridge) ruptured, spilling almost 1 million gallons of crude oil into Talmadge Creek and the Kalamazoo River. The spill is the largest inland oil release in the history of the United States. Almost 10,000 properties were impacted by this massive oil spill.

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