Articles
No Trade Secrets at Stake in Non-Compete Covenant
Missouri law involving non-compete agreements and trade secrets continues to evolve, as shown by a recent decision of the Missouri Court of Appeals. The Balancing Test: Freedom vs. Protection This much is clear. The law of non-compete agreements in Missouri seeks to...
Amendments to Subdivision Indentures; A Tricky Business of How Far Is Too Far
Quite frequently, the homeowners association ("HOA") of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from...
Are Drugs Affecting Your Workplace?
The Wall Street Journal recently ran an article highlighting drug abuse in the workplace and the impact on employers. Apparently, the overall rate of workers in the U.S. who tested positive for drugs declined 18 percent between 2003 and 2013. However, the rate of use...
Can Minority Members of a Limited Liability Company Pierce the Corporate Veil?
Attorneys always take note when the Missouri Court of Appeals describes a case opinion as "a matter of first impression." This means the exact issue before the court has not been addressed by that court, or within that court's jurisdiction, thus there is no binding...
“Routine Chicanery”? I Object!
We have all heard the phrase time and time again: "Objection, your honor." These are often the first words said to me after I tell someone I am an attorney, albeit jokingly. But what do these words actually mean, and when is an attorney actually permitted to make an...
What Do Lawyers Weigh?
Gravitaphobia could be the legal profession's worst nightmare. It means a fear of scales. Since ancient Rome, Lady Justice, or Jusitia, has been holding scales which represent the balance between truth and fairness. And every day, judges, juries and lawyers are tasked...
Does Your Homeowners Association Have the Right to Sue on Your Behalf?
Homeowners associations regularly file lawsuits to protect the interests of their members. These actions are oftentimes met with a challenge that the homeowners association has no right — or standing — to bring these claims, but instead the property owners themselves...
‘Labor’ and Employment Update: EEOC Delivers Guidance Clarifying Federal Law Protections for Employees Affected by Pregnancy
For the first time in more than 30 years, the Equal Employment Opportunity Commission has issued Enforcement Guidance ("guidelines") to clarify the legal protections to be afforded workers affected by pregnancy and pregnancy-related medical conditions. The EEOC...
Missouri Supreme Court Finds Joint Employers Both Responsible Under Missouri Minimum Wage Law
In an issue of first impression, the Missouri Supreme Court has held that if two companies are found to be "joint employers" under the Missouri Minimum Wage Act (MMWA) each would be individually responsible for paying a minimum wage. This is true even if one company...
2014 Missouri Legislative Summary
The Missouri Legislature passed 211 pieces of legislation in the 2014 session. Six of those were joint resolutions, which will appear on the August or November ballot. Twenty-one were concurrent resolutions, which express the will of the Legislature but do not change...
Do Not Not Notice Notice Provisions in Commercial Leases, According to Recent Decision Finding Such to Be a No-No
In the case of Commercial Resource Group, LLC v. The J.M. Smucker Company, the U.S. Court of Appeals for the Eighth Circuit was faced with the sticky situation of determining whether The J.M. Smucker Company ("Smucker") should be required to pay rent for an additional...
Trust, But Verify: Liabilities of Nonprofit Board of Directors in Missouri
Unpaid directors, officers and volunteers of a Missouri nonprofit corporation enjoy immunity from certain acts other than those that are intentional or reckless. However, that immunity works only with regard to tort liability, not statutory liability that is imposed...