Articles
Legal Cards Stacked Against Trustee Involved in Self-Dealing: Jury Awards Nearly $1 Million in Damages
The Missouri Court of Appeals has upheld a jury verdict of $850,000 against a former co-trustee after a trust which he co-managed was depleted of over a million dollars without such monies going to the beneficiaries. The appeals court found sufficient evidence that...
Here’s a Riddle: What Takes More Than a Minute, But Less Than a Minute to Lose?
Why, it's your homeowner's association, condominium or subdivision minutes! Unlike earlier articles we have written about the necessity to memorialize and document actions taken by condominium and subdivision boards and their constituent members, there is an equally...
$1,000 Fine per Day for Misclassifying Illinois Employees Upheld by State’s Highest Court
The Illinois Supreme Court has upheld the constitutionality of the Illinois Employee Classification Act, which addresses the practice of misclassifying employees as "independent contractors" in the construction industry. However, the law broadly defines those...
Refusal to Sign New Non-Compete Agreement Did Not Bar Unemployment Benefits
Recognizing that where a non-compete agreement is presented "more as an ultimatum than as a matter to be negotiated," an employee's refusal to sign the non-compete did not constitute misconduct disqualifying one from unemployment benefits, the Missouri Court of...
IRS Reinforces Idea That Employers Should Not Unload Employees Into Health Insurance Exchanges
In May 2014, the IRS drove the point home that it will work toward implementing certain policy directives included in the Affordable Care Act (ACA) by the enforcement of certain provisions of the ACA with violations thereof resulting in stiff penalties. Employers...
BYOD Is The New BYOB
Glass shards sprinkle across the hotel parking lot as a thief smashes the passenger window. A gloved hand scours underneath the seat and brushes the familiar smooth surface that can only mean another laptop. The end of the sales convention’s happy hour soon reveals...
City of Hot Springs in Hot Water According to Jury in FMLA Trial
A jury found that a city employee who was not rehired after his use of leave under the Family Medical Leave Act (FMLA) regulations presented sufficient evidence of a retaliatory motive, awarding him $56,000 for lost compensation and $25,000 for emotional distress. The...
Legal Tightrope: Finding the Balance Between Competing Interests of Non-Compete Agreements
The Missouri Court of Appeals once again faced issues of whether an employer, a supplier of bags used to store and transport dry bulk goods, could enforce a non-compete agreement action against its former employee who resigned from his position as a salesperson. The...
Is the “Men in Black” Neuralyzer Handy? | Confidentiality and Inevitable Disclosure
If only we could easily forget those things that we want to forget. Sort of like utilizing the neuralyzer Agent K (Tommy Lee Jones) and Agent J (Will Smith) used in "Men in Black" to erase memories. But we can't, and in fact, the law generally doesn’t want you to....
Missouri Supreme Court Lowers Burden of Proof for Workers’ Compensation Retaliation Claims
The Missouri Supreme Court just made a substantial change in the level of proof necessary to establish a workers' compensation retaliation claim under the Missouri Workers' Compensation Act. This recent decision held that an individual need only prove that his or her...
Supreme Court Rules Severance Payments Subject to FICA
In U.S. v. Quality Stores, Inc., No. 12-1408, (U.S. 3/25/14), the Supreme Court determined that payments made to employees pursuant to an involuntary termination would be subject to Federal Insurance Contributions Act (FICA) taxes. Quality Stores, as a result of an...
Homeowner and Condominium Records: An Owner’s Rights to Review
Most active subdivision and condominium associations in Missouri are nonprofit corporations. Those associations are created and empowered, under their respective indentures and declarations, to enforce the covenants, terms and conditions applicable to their...